Viola & Ors and Latham & Ors

In the matter of *Viola & Ors and Latham & Ors*, Justice Macmillan of the Supreme Court of Victoria was required to determine applications concerning financial matters and superannuation entitlements in a family law context. The proceedings involved the wife seeking orders related to withdrawals from the husband's superannuation and an injunction to prevent the winding up of a superannuation fund.

The central legal issues before the Court included the husband's obligation to disclose withdrawals from his superannuation entitlements, particularly those held in the Latham Superannuation Fund, and the application of those funds. Furthermore, the Court considered whether to grant an injunction restraining the husband from winding up the Latham Superannuation Fund without the wife's consent or a court order. The Court also addressed applications for costs and the dismissal of certain filed documents.

Justice Macmillan ordered the husband to file and serve an affidavit detailing all withdrawals from his superannuation since separation, including particulars of how those funds were applied. The Court also granted an injunction preventing the husband from winding up the Latham Superannuation Fund, except with the wife's written consent or a further court order. The parties were directed to file written submissions regarding costs, with a subsequent deadline for replies. Certain applications and responses filed by the parties were dismissed, and the matter was adjourned for mention.