Mervyn and Mervyn and Ors

This matter came before Loughnan J concerning proceedings between a wife and husband, with a second and third respondent also involved. The dispute appears to relate to financial matters, likely in the context of family law proceedings, given the reference to section 79(5) and the nature of the orders made.

The court was required to determine the appropriate interim orders to preserve assets and manage the superannuation interests of the husband pending further resolution of the proceedings. Specifically, the court considered whether to restrain the third respondent from dealing with certain shares and whether to place restrictions on the trustee of the husband's superannuation fund regarding splittable payments.

Loughnan J ordered that the third respondent be restrained from encumbering, selling, or otherwise dealing with 1,800 shares in Mervyn Pty Limited, which she acquired from the first respondent husband, without leave of the Court. Furthermore, the Trustee of the MLC Masterkey Business Super fund was restrained from making any splittable payment in respect of the husband's interest without leave of the Court. The proceedings were adjourned pursuant to s 79(5), with leave granted to any party to restore the matter to the list within twelve months, failing which the wife's Amended Initiating Application and the husband's and respondents' responses would stand dismissed. Costs were reserved, and directions were given for service of the orders.