BAINES & BAINES

This case concerned an application for property settlement between a husband and wife, heard by Judge Scarlett in the Federal Circuit Court of Australia. The dispute involved the division of various assets, including real estate, a company, and significant superannuation interests. The parties had already agreed to a partial property settlement, involving the transfer of real estate and a cash payment from the husband to the wife, but sought final orders regarding the remaining assets, particularly their superannuation.

The court was required to determine the appropriate orders for the division of the parties' superannuation interests, which were held within a self-managed superannuation fund where both parties were members and directors of the trustee company. The parties had agreed to an equal division of these superannuation assets, but the specific mechanism for achieving this, including the form of the superannuation splitting orders, required the court's determination. Additionally, the court considered whether to admit fresh evidence presented by the applicant's lawyers after the close of proceedings and the appropriate appointment of a Registrar to sign documents if required.

Judge Scarlett reasoned that the parties' concession for an equal division of superannuation was to be implemented through a "Cross-Split Order," which involved a split in favour of the husband from the wife's superannuation interest and a further split in favour of the wife from the husband's superannuation interest. The court applied the provisions of the *Family Law Act 1975* (Cth) concerning superannuation splitting orders and noted that procedural fairness had been observed due to the parties' roles as directors of the trustee company. The court also determined that the fresh evidence, an amended balance sheet, would not be considered as no leave was sought to reopen the proceedings.

The court made detailed orders for the division of non-superannuation assets, including the transfer of shares in a company to the wife and the discharge of mortgages on various properties. It also ordered the husband to pay a sum of $303,973.50 to the wife. The court further made comprehensive orders for the splitting of the parties' superannuation interests, including provisions for the transfer of assets and the resignation of the wife as a director and member of the superannuation fund. Finally, the court appointed a Registrar of the Federal Circuit Court of Australia to sign documents in default of either party.