Taera and Taera

In the matter of *Taera and Taera*, heard before Cronin J, the wife sought leave to proceed in the absence of and without notice to the husband. The wife also sought an adjournment of an application filed on 21 October 2009 and interim injunctive relief restraining the husband from drawing funds against mortgages encumbering the former matrimonial home and another property, specifically mentioning ANZ Residential Investment loan accounts. Further, the wife sought to restrain the husband from drawing funds against an ANZ offset account held in both parties' names.

The primary legal issues before the court concerned whether the wife should be granted leave to proceed in the husband's absence, the appropriate course for the adjourned application, and the necessity of granting interim injunctive relief to preserve assets. The court was also required to consider the implications of section 121 of the *Family Law Act 1975* (Cth) in relation to serving orders on a third party, ANZ Bank.

Cronin J granted the wife leave to proceed in the husband's absence and adjourned the application filed on 21 October 2009 to a later date. The court issued restraining orders against the husband, preventing him from drawing funds against specified mortgages on the former matrimonial home and T property, including particular ANZ loan accounts. Additionally, the husband was restrained from drawing funds from the joint ANZ offset account. The court also granted the wife liberty to serve a copy of these orders on ANZ Bank, notwithstanding section 121 of the *Family Law Act 1975* (Cth). Finally, the wife was ordered to serve the husband with copies of the application, supporting affidavit, the court's orders, and the reasons for judgment once available.