Baxter and Brown and Anor

In *Baxter and Brown and Anor*, heard by Johnston J, the dispute concerned the division of property between a husband and wife, with a superannuation fund, Westpac Banking Corporation, also involved. The wife sought orders against Westpac, which were ultimately dismissed. The primary focus of the court's determination was the allocation of a portion of the husband's superannuation interest to the wife.

The central legal issues before the court were the appropriate method for allocating a portion of the husband's superannuation interest to the wife, and the specific terms of the order to be made to effect this allocation under the relevant legislation. The court was also required to consider and dismiss the wife's claim against Westpac.

Johnston J applied the principles of the *Family Law Act 1975* (Cth), specifically section 90MT, to determine the division of the superannuation asset. The court ordered that a base amount of $220,000.00 be allocated to the wife from the husband's interest in the R Superannuation Scheme. This allocation was to be effected by the Trustee of the R account making splittable payments to the wife whenever such payments would otherwise be made to the husband, with a corresponding reduction to the husband's entitlement. The court also made standard orders regarding the parties' respective entitlements to other property and liabilities.