Field and Maling and Anor

In the matter of *Field and Maling and Anor*, Young J of the Family Court of Australia made orders concerning the financial interests of the first respondent husband. The application sought to restrain the husband from dealing with certain funds and superannuation interests, and to impose obligations on the trustees of those superannuation funds.

The court was required to determine whether to grant interlocutory injunctions to preserve the husband's assets pending further proceedings. Specifically, the court considered the appropriateness of restraining the husband from dealing with funds in an ANZ Bank Access account and his interests in the Health Super Fund and X Retirement Security Plan. Furthermore, the court addressed the extent to which the trustees of these superannuation funds should be notified of and restricted from making splittable payments from the husband's interests.

Young J applied principles relating to the preservation of assets in family law proceedings, particularly where there is a risk of dissipation. The court ordered that the husband be restrained from withdrawing, transferring, gifting, assigning, or otherwise dealing with funds in his ANZ Bank Access account. Pursuant to section 90MU(1) of the *Family Law Act 1975* (Cth), the trustees of the Health Super Fund and X Retirement Security Plan were restrained from making splittable payments from the husband's interests without leave of the court, and were ordered to notify the court when such payments become payable. The husband was also restrained from withdrawing or dealing with his interests in these superannuation funds.

The husband was ordered to pay the wife's costs of the application, fixed at $700, within sixty days. The court also directed that its extempore reasons for judgment be transcribed and made available to the parties, and that sealed copies of the orders and reasons be served on the husband in Malaysia and on the trustees of the superannuation funds.