Mellis and Mellis (No 2)

In the matter of *Mellis and Mellis (No 2)*, Johns J of the Federal Circuit Court of Australia considered an application by the wife concerning the husband's superannuation entitlements. The dispute arose within the context of family law proceedings, where the wife sought to restrain the husband from dealing with his superannuation funds pending the final determination of property orders.

The primary legal issue before the court was whether to grant an interlocutory injunction restraining the husband from transferring, disposing of, or seeking early release of any of his superannuation entitlements held in Super Fund B or any other superannuation fund. This was to preserve the asset pool for the ultimate division of property between the parties.

Johns J ordered that the respondent husband be restrained from dealing with his superannuation entitlements in Super Fund B or any other superannuation fund. This order was made until further order of the court. The court also directed that a sealed copy of these orders be served on the husband by email by a specified date. All other extant applications were adjourned to a future date, with the court noting that it might proceed to make final property orders in the husband's absence if he failed to appear at the subsequent hearing.