Abrams & Falconi

In the matter of MLC 5351 of 2019, Ms Abrams (the Applicant) sought orders against Mr Falconi (the Respondent) concerning the division of superannuation interests. The orders were made by Judge Bender on 27 January 2021.

The primary legal issue before the Court was how to allocate a specific superannuation interest held by the Respondent in Super Fund B to the Applicant, in accordance with the provisions of the *Family Law Act 1975* (Cth) and the *Family Law (Superannuation) Regulations 2001* (Cth).

The Court ordered that the base amount of $66,047.63 of the interest held by the Respondent in Super Fund B be allocated to the Applicant. Furthermore, the Court directed that whenever the Trustee of Super Fund B makes a splittable payment to the Respondent, the Trustee shall pay the Applicant her calculated entitlement, with a corresponding reduction to the Respondent's entitlement. These orders were to take effect from the fourth business day after service on the Trustee and were binding on the Trustee.