Kalla & Kalla (No. 3)

In the matter of *Kalla & Kalla (No. 3)*, the applicant wife sought ex parte orders from Harper J of the Family Court of Australia to preserve an asset pool valued at approximately four million dollars. The dispute arose in the context of family law proceedings concerning property settlement, with the wife specifically concerned about the impending preservation stage of a superannuation fund.

The primary legal issue before the court was whether to grant interim injunctive relief to restrain the respondent husband from dealing with his superannuation entitlements, pending further orders. This involved considering the wife's application for ex parte orders and her offer to provide an undertaking as to damages.

Harper J determined that the circumstances warranted the granting of interim relief. Applying the principles governing interlocutory injunctions, the court was satisfied that the wife had established a sufficient case to justify the preservation of the asset pool. The court ordered that, upon the applicant wife proffering the usual undertaking as to damages, the respondent husband be restrained from taking any steps or causing any withdrawal, reduction, or rollover of his member entitlements in specified superannuation funds. The wife was also ordered to serve the application and supporting documents on the husband and to serve the court's orders on the trustees of the superannuation funds.