Foster and Foster

In *Foster and Foster*, the Applicant wife sought urgent ex parte orders from the Federal Circuit Court. The dispute concerned the contents of a safe deposit box held by Guardian Vaults Sydney Pty Ltd on behalf of the Respondent husband.

The primary legal issue before the Court was whether to grant the Applicant leave to make an urgent application for ex parte orders and, if so, what orders were necessary to secure the contents of the safe deposit box pending further court direction. The Court was required to consider the urgency of the application and the need to preserve potential evidence or assets.

Judge Egan granted the Applicant leave to make an urgent application and made orders for substituted service of the court’s order upon Guardian Vaults Sydney Pty Ltd via email. The Court further ordered Guardian Vaults Sydney Pty Ltd to deliver the contents of the safe deposit box to a named solicitor, Michael Carroll, for safekeeping. Mr Carroll was then to prepare an inventory of the contents and provide a receipt to the Applicant’s solicitors. The Applicant was also ordered to serve various documents, including the court’s order, reasons, application, affidavit, inventory, and receipt, upon the Respondent husband’s solicitors. The matter was adjourned to chambers with liberty to apply.