Mort & Lois

In the matter of *Mort & Lois*, Brown J of the Family Court of Australia considered an application by the wife concerning the former matrimonial home and the husband's whereabouts. The primary dispute involved the sale of the property to address outstanding debts and the procedure for serving documents on the husband, who was located in China.

The court was required to determine whether to dispense with personal service of various documents on the husband and to permit substituted service by email. Additionally, the court had to decide on the appropriate orders for the sale of the former matrimonial home, the distribution of the proceeds, and the execution of necessary documents by a Registrar in the event of the husband's non-compliance. The court also considered the husband's obligation to respond to the wife's amended application for final orders.

Brown J ordered that service of specified documents upon the husband be dispensed with, and that substituted service be effected by email to a provided address. The court further ordered the sale of the former matrimonial home, appointing the wife as trustee with conduct of the sale. The proceeds were to be applied first to sale costs, rates, and legal fees, then to discharge mortgages, followed by a payment of $15,000 to the wife, with the balance held in trust pending further order. To facilitate the sale, a Registrar was appointed to execute documents in the husband's name under specific conditions, including the husband's failure to respond to a request for execution within 14 days. The husband was also ordered to file and serve a response to the wife's application and a statement of financial circumstances by a specified date, failing which the wife could seek to have the application heard undefended.