Carson and Carson

In the matter of *Carson and Carson*, Johns J considered an application by the wife for interim orders concerning the husband's superannuation interests. The dispute centred on the wife's desire to preserve the husband's entitlements in two superannuation funds, the B Super fund and the C Super fund, pending further proceedings.

The primary legal issues before the court were whether to grant interim injunctive relief restraining the husband from accessing or diminishing his interests in the superannuation funds, and whether to direct the trustees of those funds not to make payments to the husband. The court also had to determine the procedural steps required for the adjourned hearing.

Johns J reasoned that it was appropriate to grant interim orders to preserve the status quo of the superannuation funds. The court ordered that the husband be restrained from accessing or diminishing his interests in the B Super fund and the C Super fund until 5 pm on 5 July 2017. Furthermore, the trustees of both funds were directed not to make any payments in respect of the husband's entitlements to him or any person nominated by him until the same time. The wife's application for interim orders was adjourned for hearing on 5 July 2017, with directions for the husband to file and serve a response, an affidavit, and a financial statement by 4 pm on 30 June 2017. The husband was also ordered to personally attend the adjourned hearing. The wife's costs of the day were reserved.