WONG & ROWLANDS

In proceedings before Young J in the Family Court of Australia, the wife sought final property orders under s 79 of the *Family Law Act 1975* (Cth). The husband, who was overseas and had not responded to court documents, did not appear at the hearing. The dispute concerned the division of limited assets between the parties.

The court was required to determine whether to dispense with personal service of certain documents on the husband and, if so, what property orders would be just and equitable in the circumstances, given the husband's non-appearance and absence overseas.

Young J reasoned that given the husband's absence and lack of response, it was appropriate to dispense with personal service of the wife's amended application and further affidavits. The court ordered that the husband's former solicitors facilitate the payment of monies held in a Commonwealth Bank Term Deposit Account to the wife's solicitors, estimated at approximately $54,000. The husband was to retain all his superannuation and work-related entitlements, and each party was to retain their personal assets and chattels in their possession, as well as being solely responsible for their own debts. The wife's applications for final orders were otherwise dismissed.