ZOLLER & ZOLLER

In the matter of *Zoller & Zoller*, Murphy J of the Federal Circuit and Family Court of Australia considered an application by the wife. The dispute concerned financial matters within a marriage, and the wife sought orders that would affect the husband's superannuation interests. The specific context involved an application filed on 23 January 2012, for which the wife sought to proceed ex parte and have service requirements dispensed with, with service to be effected via email.

The primary legal issues before the court were whether to grant the wife's application to proceed ex parte, dispense with ordinary service requirements, and permit service by email. Additionally, the court was required to determine whether to make orders pursuant to section 90MU of the *Family Law Act 1975* (Cth) to restrain the trustee of the husband's superannuation fund from making splittable payments without leave, and to impose notification obligations on the husband and the trustee regarding such payments.

Murphy J reasoned that the circumstances warranted proceeding ex parte and dispensing with ordinary service, ordering that the husband be served via email. The court also made orders under section 90MU of the Act, prohibiting the trustee of the husband's superannuation fund, the "C Pension Plan" held with "BT Financial Group," from making any splittable payments without court leave. Further orders mandated that the husband notify the wife at least twenty-eight days before applying for any payment from the fund, and that the trustee notify both parties at least fourteen days before a splittable payment becomes payable. The husband was granted liberty to apply to the court concerning these orders.