MOREIN & MOREIN

In the matter of *Morein & Morein*, Loughnan J of the Federal Circuit Court of Australia made orders on an ex parte basis concerning the former matrimonial home and the protection of the wife. The dispute involved an application by the wife seeking various protective measures and access to business assets.

The court was required to determine the necessity and scope of interim orders for the personal protection of the wife, including restraining the husband from certain actions and granting the wife exclusive occupation of the former matrimonial home. Additionally, the court considered orders for the seizure and copying of data from the husband's business computer server and backup drives, and the provision of necessary passwords and security codes.

Loughnan J applied principles relating to the court's power to make orders for the personal protection of a party under s 114AA of the *Family Law Act 1975* (Cth), which imports a power of arrest without warrant. The court also exercised its powers under r 14.04 of the *Family Law Rules 2004* (Cth) to facilitate the seizure and copying of digital evidence, appointing an independent solicitor to supervise the process and maintain possession of the seized materials. The orders were made on the usual undertaking given by the wife.

The orders made included restraining the husband from drawing on a mortgage over the former matrimonial home, restraining him from accessing the wife's communications, and ordering him to vacate the home and remain a specified distance from it. The court also ordered the husband to permit entry to his business premises to seize and copy data from his computer server and drives, and to provide all necessary passwords. The wife was restrained from accessing the copied data pending further order. The matter was adjourned for further hearing.