Adair and Adair

In the matter of *Adair and Adair*, heard before Judge Phipps, the dispute concerned the division of superannuation interests between a husband and wife. The applicant wife sought an allocation of the whole of the respondent husband's interest in a specific superannuation fund.

The court was required to determine how to allocate the respondent husband's superannuation interest to the applicant wife. This involved considering the provisions of the *Family Law Act 1975* (Cth) and the associated *Family Law (Superannuation) Regulations 2001* (Cth) and *Superannuation Industry (Supervision) Regulations 1994* (Cth) concerning splittable and non-splittable payments from superannuation funds.

Judge Phipps ordered that the whole of the respondent husband's interest in the specified superannuation fund be allocated to the applicant wife. The court further ordered that this allocation was binding on the Trustee of the fund. The orders detailed the mechanism for payment, specifying that splittable payments would be made to the applicant wife in accordance with the relevant regulations, with a corresponding reduction in the husband's entitlement. The court also imposed restrictions on the husband to prevent him from taking actions that would render any part of his superannuation interest a non-splittable payment, thereby defeating the wife's entitlement. The orders also provided for the operative time of the split, liberty to apply for implementation, and the necessary steps for the applicant to establish a new interest in her name within the fund.