Morrison & Anor and Morley & Ors

This matter came before the Family Court of Australia, Sydney, before Justice Fowler. The applicant was the Trustee for the bankrupt estate of Ms Morrison, with Mr Morley listed as the first respondent, and Mr I Morley and Mr D Morley as the second and third respondents respectively. The dispute concerned an Amended Initiating Application filed by the Trustee seeking orders against Mr I Morley and Mr D Morley under section 106B of the *Family Law Act 1975* (Cth). A previous application for similar orders against a company, S Limited, had been withdrawn.

The primary legal issue before the court was to ascertain the intentions of Mr I Morley and Mr D Morley regarding the Trustee's application. The court also needed to address the procedural aspects of the case, including the service of the application on the respondents and the arrangements for the upcoming hearing. Specifically, the court considered whether to proceed with the hearing in the absence of evidence of service and the potential for parties to attend remotely.

Justice Fowler noted the absence of appearances from the respondents and the solicitor for the Trustee. Despite attempts to contact the Trustee's solicitor, no communication was established. In light of the lack of evidence of service, the court decided to confirm the hearing dates and indicated that the matter would proceed based on the evidence available at that time. Leave was granted to the first respondent, Mr Morley, to attend the hearing by video link. The court also directed that orders be drawn up reflecting these decisions and that the Trustee's solicitor be requested to provide a current address for Ms Morrison to ensure she is kept informed of the litigation's progress.