LYNAM & LYNAM (DECEASED)

This matter concerned interim proceedings in the Family Court of Australia, brought by a wife against her deceased husband's estate, represented by Ms F as Legal Personal Representative and Administrator. The dispute involved potential distributions from the deceased's superannuation death benefit and the management of the deceased's estate assets.

The court was required to determine whether to grant injunctions restraining Ms F, both personally and in her capacity as Administrator, and the wife, personally and as Legal Guardian of the children, from dealing with monies payable from the deceased's superannuation death benefit. Additionally, the court had to consider whether to grant an injunction restraining Ms F from distributing, transferring, assigning, encumbering, mortgaging, dealing with, or disposing of the assets of the deceased's estate, subject to certain exceptions.

Berman J applied principles relating to the preservation of assets in family law proceedings, particularly where a deceased estate is involved and there is a potential superannuation death benefit. The court reasoned that it was necessary to restrain dealings with these assets to ensure their availability for the ultimate property settlement between the parties. The court granted injunctions restraining Ms F and the wife from distributing or dealing with the superannuation death benefit. Ms F was also restrained from dealing with estate assets, with specific exceptions allowing for the deposit of certain cheques and the payment of specified estate expenses and professional fees, up to a total sum of $10,000 for other expenses.