Barre & Barre (Superannuation)

In the matter of *Barre & Barre (Superannuation)*, the applicant wife sought further orders concerning the parties' interests in a self-managed superannuation fund, following a prior judgment that found the court could not make superannuation splitting orders and that no enforceable superannuation agreement existed. The first respondent husband was bankrupt and had been removed as a director of the trustee corporations. The self-managed superannuation fund owned real estate.

The court was required to determine how to address the husband's member interests in the superannuation fund in light of the prior judgment and the husband's bankruptcy, and to consider the wife's application for further orders, including injunctions and directions for the rollover of the husband's superannuation interests. The court also had to consider outstanding bankruptcy issues.

Harper J applied principles relating to the court's inability to make superannuation splitting orders in the absence of an enforceable agreement or specific legislative power. The court acknowledged the wife's efforts to obtain expert advice regarding the management of the superannuation interests. The court ultimately granted injunctions restraining the husband and a third respondent from lodging a caveat against the title of a property owned by the fund and from contacting prospective purchasers of that property. The court also ordered the husband to provide details of a compliant superannuation fund for the rollover of his member interests and to execute all necessary documents to facilitate this rollover within seven days of the wife notifying him of the settlement date of any sale of the property. All other claims concerning superannuation interests were dismissed, and outstanding bankruptcy issues were stood over.