Hall v Hall

HIGH COURT OF AUSTRALIAFRENCH CJGAGELER, KEANE, NETTLE AND GORDON JJHALL  APPELLANTANDHALL  RESPONDENTHall v Hall[2016] HCA 238 June 2016A7/2016ORDERAppeal dismissed with costs. On appeal from the Family Court of AustraliaRepresentationW A Harris QC with P Kari and S Gory for the appellant (instructed by Barnes Brinsley Shaw Lawyers)D F Jackson QC with D R Sulan for the respondent (instructed by Jordan & Fowler)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSHall v HallFamily law – Family Law Act 1975 (Cth) – Spousal maintenance – Conditions for making or discharge of interim spousal maintenance orders – Interim spousal maintenance order in favour of wife – Application to discharge by husband – Where wife's father's will expressed wish that wife receive voluntary annual payment from family business controlled by wife's brothers – Meaning of "financial resources" under s 75(2)(b) – Whether confined to present legal entitlements – Whether finding open on evidence that wife able to support herself adequately – Whether just cause for discharge of spousal maintenance order.Courts and judges – Procedural fairness – Whether party on notice of possibility of factual finding being made – Whether party denied opportunity to lead further evidence.Words and phrases – "financial resources", "source of financial support", "support himself or herself adequately".Family Law Act 1975 (Cth), ss 72, 74, 75, 83.FRENCH CJ, GAGELER, KEANE AND NETTLE JJ.   This is an appeal from a judgment of the Full Court of the Family Court[1] which...