Turner and Turner and Anor

In the matter of *Turner and Turner and Anor*, the wife sought leave to file an amended application for final orders in the Federal Circuit Court of Australia, presided over by Cronin J. The application was to substitute the legal personal representatives of the deceased husband for the husband himself.

The primary legal issue before the court was whether the wife should be granted leave to amend her application to substitute the legal personal representatives of the deceased husband, and consequently, whether outstanding applications should be dismissed. The court was also required to consider the implications of a previous order made on 22 July 2004 concerning a superannuation split.

Cronin J ordered that the wife have leave to file an amended application seeking final orders, and that this application be substituted for the legal personal representatives of the husband pursuant to rule 6.15 of the relevant rules. Paragraph 12 of the orders made on 22 July 2004 was discharged, and the wife was granted liberty to serve a copy of the current order on the D Superannuation fund. All other outstanding applications were dismissed. A notation was made confirming that there was no longer any restriction on the D Superannuation fund carrying out the superannuation split previously ordered on 22 July 2004.