Sresbodan and Sresbodan & Ors (No 2)

In the matter of *Sresbodan and Sresbodan & Ors (No 2)*, Aldridge J of the Family Court of Australia considered applications to amend existing orders and to grant a freezing order. The proceedings involved Mr Sresbodan and the Trustees of his bankrupt estate, who sought to vary previous property settlement orders and obtain a freezing order over certain funds.

The court was required to determine whether to amend previous orders pursuant to rule 17.02 of the *Family Law Rules 2004* (Cth) to correct figures within those orders. Additionally, the court had to consider whether to grant a freezing order against funds held in a controlled monies account, particularly in light of a previous refusal of such an order due to the applicant's inability to provide an undertaking as to damages.

Aldridge J applied rule 17.02 of the *Family Law Rules 2004* to amend the property settlement orders, correcting specific monetary figures that had been erroneously stated. The court also granted the Trustees leave to proceed ex parte. Crucially, the court made a freezing order in favour of the Trustees upon their provision of the usual undertaking as to damages, reversing a prior refusal of a similar application where such an undertaking could not be given. The Trustees were required to file their written undertaking within 24 hours and serve the amended orders on Mr Sresbodan by a specified date.