PROSSER & PROSSER

In the matter of *Prosser & Prosser*, Forrest J considered an application by the husband to join the wife's adult son, Mr J, to the proceedings and to obtain an injunction against him. The husband had been unable to serve Mr J directly, and as the wife lived with Mr J, he sought an order for substituted service.

The primary legal issues before the court were whether to grant an order for substituted service of the husband's application on Mr J, and whether to grant an ex parte injunction restraining Mr J from dealing with his interest in a unit property without the husband's written consent.

Forrest J reasoned that substituted service was appropriate given the circumstances, particularly that Mr J resided with the wife and service could be effected upon her. The court found it necessary to grant the ex parte injunction to protect the unit property pending further orders. Consequently, the court ordered that service of the husband's application on Mr J be effected by substituted service upon the wife, both by post and email to her address. The court also granted an interim ex parte injunction restraining Mr J from dealing with his interest in the specified unit property without the prior written consent of the husband. The further hearing of related applications was adjourned, and disclosure obligations for the husband were also addressed.