ORDERS (INTERIM AND FINAL) FOR RESPONSE TO MAINTENANCE APPLICATION
Interim orders sought
1.[In a de facto claim, if relying on s 90SB or 90SD to dispute the Applicant's right to maintenance]A declaration under section 90RD:[insert whichever of the following applies]
(a)that a de facto relationship never existed between the parties or, in the alternative, if a de facto relationship is found to have existed, that the period or the total of the periods of such relationship was less than two years as required by section 90SB(a) [OR that the relationship broke down before the commencement of Part VIIIAB of the Family Law Act 1975.]
(b)that the child [full name] is not a child of a de facto relationship between the parties under section 90SB(b). (Add paternity testing orders, see under “precedents” in Chapter 4.)
(c)that the Applicant did not make substantial contributions under section 90SM(4)(a), (b) or (c) or, in the alternative, if such contributions are found to have been made, that a failure to make the order sought by the Applicant would not result in serious injustice to the Applicant within the meaning of section 90SB(c).
(d)that the parties were not ordinarily resident in a participating jurisdiction when their relationship broke down as required by section 90SD(1A). [OR]
(e)that neither party was ordinarily resident in a participating jurisdiction when the application was made nor were the parties ordinarily resident there for at least a third of the de facto relationship at the application time as required by section 90SD(1). [OR]
(f)that neither party was ordinarily resident in a participating jurisdiction when the application was made nor did the Applicant make substantial contributions there under section 90SM(4)(a), (b) or (c) at the application time as required by section 90SD(1).
2.That the Applicant’s application filed [date] be dismissed.
3.[If your client has made a reasonable offer for maintenance, which has been refused] That until further order the Respondent pay periodic maintenance to the Applicant in the sum of $[amount] per week, commencing seven days after the date of this order. [Specify any other maintenance provision]
4.[Specify any interim property orders your client seeks, for which see our precedent "interim spousal maintenance orders"]
5.[If 3 applies] That the Applicant pay the Respondent’s taxed costs of and incidental to the application.
Final orders sought
6.That the Applicant’s application filed [date] be dismissed.
7.If the application is not dismissed, an order that [specify the final orders your client is seeking, for which see our precedent "final spousal maintenance orders"]
8.[If your client's reasonable settlement offer has been rejected] That the Applicant pay the Respondent’s taxed costs of and incidental to the application.