RATHDOWN & MARTELLO

In the matter of *Rathdown & Martello*, heard before Macmillan J, the wife sought orders concerning service of documents on the husband, property division, and child support. The dispute arose in the context of family law proceedings where the wife was uncertain of the husband's current residence and had forwarded documents to him via email. The wife also alleged that the husband had unilaterally purchased properties, refinanced loans, and diverted funds without her knowledge or consent, leading to the mortgagee instituting proceedings. The husband did not appear at the hearing, though he had indicated an intention to sell the properties in question.

The court was required to determine whether service of the initiating application on the husband had been effected, given the uncertainty of his residence and the use of email for communication. Additionally, the court had to consider the wife's applications for child support, the transfer of specified properties into her name, and the sale of one of those properties to reduce mortgage liabilities, in circumstances where the husband had not appeared.

Macmillan J found that service had been effected on the husband pursuant to rule 7.02 of the *Family Law Rules 2004* (Cth), noting that email communications indicated the husband was aware of the wife's application and the hearing date. Applying principles of family law concerning property division and child support in undefended proceedings, the court made interim orders in terms of the wife's application. These orders included the transfer of two properties to the wife, the sale of one property to discharge mortgage liabilities, the redirection of rental income from two properties, and an interim child maintenance payment. The court also made orders restraining the husband from encumbering certain other properties and requiring him to provide financial disclosure. Liberty to apply was granted to the husband upon filing specific documentation, and costs were reserved.