{"id":692,"date":"2022-01-21T05:07:25","date_gmt":"2022-01-21T05:07:25","guid":{"rendered":"http:\/\/goldman-lawyers.com\/online-law-communitya\/?p=692"},"modified":"2022-01-21T05:07:28","modified_gmt":"2022-01-21T05:07:28","slug":"high-court-upholds-appeal-court-ruling-that-wife-not-entitled-to-spousal-maintenance","status":"publish","type":"post","link":"https:\/\/goldman-lawyers.com\/online-law-community\/high-court-upholds-appeal-court-ruling-that-wife-not-entitled-to-spousal-maintenance\/","title":{"rendered":"High Court Upholds Appeal Court Ruling That Wife Not Entitled To Spousal Maintenance"},"content":{"rendered":"\n<p><strong>Keywords<\/strong>: family law, spousal maintenance, interim spousal maintenance, appeal, financial resources, section 72, 72(1), section 75, section 75(2)(b), section 75(2)(o), spousal maintenance considerations, justice of the case.<\/p>\n\n\n\n<p>The case of <em>Hall &amp; Hall <\/em>[2016] HCA 23 (8 June 2016) was a family law hearing heard in the High Court of Australia.&nbsp; The matter was brought to the High Court on appeal from a decision of the Full Court of the Family Court of Australia.<\/p>\n\n\n\n<p><strong>&nbsp;Background<\/strong><\/p>\n\n\n\n<p>This matter concerned a separated Husband and Wife after the Wife commenced proceedings in the Family Court. &nbsp;The Wife asked the Family Court to consider the parties\u2019 property and financial circumstances and decide how the property between them should be divided.&nbsp; The parties were married in 2001 and separated 26 September 2013.&nbsp; There were 2 children from their relationship together.<\/p>\n\n\n\n<p>The Wife asked the Family Court to consider an application for interim spousal maintenance while the court proceedings were underway.&nbsp; The court granted the Wife\u2019s request.&nbsp; The Husband disagreed with the Family Court\u2019s decision and lodged an appeal with the Full Court of the Family Court (\u201cFull Court\u201d).&nbsp; The Full Court reversed the Family Court\u2019s decision thereby stopping the Husband from having to pay interim spousal maintenance to the Wife.&nbsp; The Wife disagreed with the Full Court\u2019s decision and then appealed to the High Court of Australia (\u201cHigh Court).&nbsp; The Wife\u2019s appeal was dismissed by the High Court.<\/p>\n\n\n\n<p><strong>Spousal Maintenance<\/strong><\/p>\n\n\n\n<p>Spousal maintenance is payable under section 72 of the <em>Family Law Act 1975<\/em> (Cth) where one of the parties is unable to adequately support herself or himself as a result of:<\/p>\n\n\n\n<ul><li>caring for a child or children under the age of 18;<\/li><li>age, physical or mental incapacity which hinders employment; or<\/li><li>for any other adequate reason.<\/li><\/ul>\n\n\n\n<p>A court must consider section 75 of the Act when determining whether there is an adequate reason to justify spousal maintenance.&nbsp; These factors include but are not limited to:<\/p>\n\n\n\n<ul><li>the age and health of a party;<\/li><li>the income, property and financial resources of a party;<\/li><li>the earning capacity of a party and any affect the relationship had on the party\u2019s earning capacity;<\/li><li>the commitments of each party to support himself or herself, any children or another person;<\/li><li>the eligibility of a party for a pension, allowance or benefit;<\/li><li>the eligibility for payments from superannuation;<\/li><li>the standard of living that is reasonable in the circumstances;<\/li><li>the period of the relationship and the contributions made by a party to the relationship;<\/li><li>child support being paid or that a party might be liable to pay for a child of the marriage;<\/li><li>whether a party is cohabitating with another person and the effect this cohabitation has on the financial circumstances of that party; and<\/li><li>any other fact or circumstances that in the opinion of the court would be just to take into account.<\/li><\/ul>\n\n\n\n<p><strong>Wife\u2019s Spousal Maintenance Application<\/strong><\/p>\n\n\n\n<p>The Wife made an application to the Family Court for an order that the Husband pay interim spousal maintenance for $10,833 per month.&nbsp; The Wife asked that this be paid until determination of the property proceedings between the Husband and Wife.<\/p>\n\n\n\n<p>The Family Court granted the interim spousal maintenance application.&nbsp; The Husband disagreed with the Family Court\u2019s decision and filed an application to discharge the interim spousal maintenance order.&nbsp; To support the Husband\u2019s case he investigated the Wife\u2019s financial circumstances.&nbsp; The Wife\u2019s father had passed away in 2009.&nbsp; The Husband discovered that the Wife might have an entitlement under the father\u2019s Will.&nbsp; One of the Wife\u2019s brothers was administering the father\u2019s estate as the Executor.&nbsp; The Husband attempted to subpoena the father\u2019s will.&nbsp; The Executor refused to provide a copy of the Will.&nbsp; Instead, a solicitor on behalf of the brother provided an affidavit outlining the potential entitlements that the Wife may be entitled to under the Will as:<\/p>\n\n\n\n<ol type=\"1\"><li>$16,500,000 if she divorced; and<\/li><li>An annual payment of $150,000 if the Wife did not divorce.<\/li><\/ol>\n\n\n\n<p>In the father\u2019s Will he stated that the payments were to be paid by a group of companies that the father controlled when he was alive.&nbsp; The group of companies (the V Group) were left to the Wife\u2019s 3 brothers.&nbsp; The solicitor on behalf of the brother claimed it was unlikely that the Wife could force the V Group to make the payments.&nbsp; The Wife claimed she was unaware of the contents of the father\u2019s Will.<\/p>\n\n\n\n<p>The Family Court heard the Husband\u2019s application to discharge the interim spousal maintenance order and dismissed the Husband\u2019s application.&nbsp; The Husband disagreed with the court\u2019s ruling and appealed to the Full Court.<\/p>\n\n\n\n<p><strong>Husband\u2019s Appeal to the Full Court of the Family Court<\/strong><\/p>\n\n\n\n<p>The Husband claimed the Primary Judge from the Family Court was wrong in dismissing his application to discharge the interim spousal maintenance order.&nbsp; The Husband claimed he provided sufficient evidence to show the Wife did not need spousal maintenance to support her.<\/p>\n\n\n\n<p>On the other hand, the Wife provided a letter from her brother who was administering the father\u2019s estate.&nbsp; The letter explained that the payments to the Wife in the father\u2019s Will were voluntary.&nbsp; The letter stated that the payments could only be made by the V Group by choice of the Directors.<\/p>\n\n\n\n<p>The Full Court concluded that the Family Court had failed to consider all of the evidence from the Husband in the original interim spousal maintenance hearing.<\/p>\n\n\n\n<p>The question before the Full Court was whether there was sufficient evidence that demonstrated that the Wife could adequately support herself.&nbsp; The Full Court inferred from the evidence available that the Wife could receive a payment from the V Group of $150,000 annually if she requested it.&nbsp; Based on this the Full Court found the Wife could adequately support herself and dismissed the interim spousal maintenance order.<\/p>\n\n\n\n<p>The Wife disagreed with the Full Court\u2019s decision and appealed to the High Court.<\/p>\n\n\n\n<p><strong>Wife\u2019s Appeal to the High Court of Australia<\/strong><\/p>\n\n\n\n<p>The High Court determined that the Wife\u2019s claim that the annual payment of $150,000 could not be included as a financial resource under section 75(2)(b) and section 75(2)(o) of the Act was wrong.&nbsp; The High Court stated that section 75(2)(b) of the Act concerned the practical ability of a party to support himself or herself.&nbsp; The High Court confirmed the correct interpretation under section 75(2)(b) of \u201cfinancial resources\u201d as being a source of financial support that a party can reasonable expect to be available.&nbsp; This must be something more than benevolence but the party need not control the financial source. Accordingly, the High Court dismissed the Wife\u2019s appeal and upheld the Full Court\u2019s decision.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Keywords: family law, spousal maintenance, interim spousal maintenance, appeal, financial resources, section 72, 72(1), section 75, section 75(2)(b), section 75(2)(o), spousal maintenance considerations, justice of&hellip;<\/p>\n","protected":false},"author":1,"featured_media":273,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[49],"tags":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v22.7 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>High Court Upholds Appeal Court Ruling That Wife Not Entitled To Spousal Maintenance - Online Community Goldman Lawyers<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" 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