Silver and Woden

In the matter of *Silver and Woden*, heard before Rees J, the wife sought orders restraining the trustees of the husband's superannuation account from making splittable payments to the husband and from dealing with his superannuation interest without the leave of the Court. The dispute concerned the protection of the husband's superannuation interests pending further proceedings.

The primary legal issues before the Court were whether to grant an injunction pursuant to section 90MU(1)(a) of the *Family Law Act 1975* (Cth) to restrain the trustees of the husband's superannuation fund from making splittable payments to the husband, and whether to grant an injunction pursuant to section 114 of the Act restraining the husband from dealing with his superannuation interest. The Court was also required to determine the notification obligations of the trustees and the operative time for any flagging order.

Rees J ordered that the trustees of the husband's superannuation account, BT Lifetime Super – Employer plan, be restrained by injunction from making any splittable payment to the husband in respect of his interest in that account without the leave of the Court, pursuant to section 90MU(1)(a) of the Act. Furthermore, the trustees were ordered to notify the solicitors for both parties within 28 days of the next occasion when a splittable payment becomes payable. The Court also ordered, pursuant to section 114 of the Act, that the husband be restrained by injunction from dealing with his superannuation interest held by BT Lifetime Super, including any transfer or claim on such funds, without the leave of the Court. The operative time for the flagging order was set at four working days from the date of service of the sealed order on the trustee. The wife's costs of the application were reserved.