AYAD & VALMONT

The matter of AYAD & VALMONT concerned an application before Judge Harman in the Family Court of Australia. The dispute involved the division of superannuation interests between the parties, specifically the Applicant's entitlement from the Respondent's interest in Super Fund B. The Applicant sought orders for a specific monetary allocation from this fund, to be calculated and paid in accordance with the relevant provisions of the *Family Law Act 1975* and its associated regulations.

The primary legal issues before the court were the determination of the Applicant's entitlement to a portion of the Respondent's superannuation interest and the mechanism for its payment. This involved the application of sections 90XT(4) and 90XT(1)(a) of the *Family Law Act 1975*, as well as Part 6 of the *Family Law (Superannuation) Regulations 2001*, to calculate and effectuate the division of the superannuation asset. The court was also required to consider the binding effect of its orders on the Trustee of Super Fund B.

Judge Harman made orders in accordance with a Minute of Orders presented by the Applicant. These orders stipulated a base amount of $47,814.54 to be allocated to the Applicant from the Respondent's interest in Super Fund B. The court directed the Trustee of Super Fund B to take all necessary steps to calculate and pay this entitlement, noting that the Respondent's own entitlements would be correspondingly reduced. The orders were to take effect four days after service on the Trustee and were binding on the Trustee. The court also ordered that each party bear their own costs, noting that the Respondent's plea for costs was unsuccessful.