Case we are reviewing…
In this week’s case review we ask the question, whether the Family Court of Australia has power to order maintenance in an intact marriage? Basically, what’s your option if you marry a tight arse?
In the case of In the Marriage of Eliades (1980) the Husband believed that the Wife was making extravagant and unwise purchases and he stopped giving her money to enable her to purchase food for the household, which included the four children. The Husband began to purchase such food himself. The parties were still living together and the Wife successfully applied to the magistrates’ court for maintenance. The Husband appealed.
It was held by Nygh J that’s ss 72 and 75 of the Family Law Act clearly envisage that the Court can make a maintenance Order even though the parties are not separated. In Order to determine whether s72 has been satisfied, the court must go to the actual words used in that section, and those words lay down two requirements: first, that the applicant is unable to support himself or herself adequately; and second, that the Respondent is liable to the extent that he or she is reasonably able to do so.
Book we are loving…
‘ In the first minute following her death, Tequila Leila’s consciousness began to ebb, slowly and steadily, like a tide receding from the shore. Her brain cells, having run out of blood, were now completely deprived of oxygen. But they did not shut down… Although her heart had stopped beating her brain was resisting, a fighter till the end…Her memory surged forth, eager and diligent, collecting pieces of a life that was speeding to a close’.
Our brains stay active for Ten minutes and 38 secondsafter our heart stops beating. As Tequila Leila lay in the dumpster facing the imminent end to her time on earth, she reminisces on her life lived and on the friendships formed.
Shortlisted for the 2019 Man Booker Prize this novel is worth the accolades its received thus far.
Poem we are reading …
how do I shake this envy
when i see you doing well
sister how do i love myself enough to know
your accomplishments are not my failures
we are not each other’s competition – rupi kaur
Word of the week …
Oscitation:The action or an act of yawning from drowsiness.
In a sentence: “The constant oscitation from her friend was making her tired”.
Masters of Success…