Bishop and Lovett

In the matter of Bishop and Lovett, heard in the Federal Circuit and Family Court of Australia, the parties sought final property settlement orders. The dispute concerned the division of the husband's superannuation interests in the Defence Force Retirement and Death Benefits Scheme (DFRDB) and the distribution of various chattels.

The court was required to determine the extent to which the wife was entitled to a share of the husband's DFRDB splittable payments and how specific items of personal property should be divided between the parties. The court also needed to make orders to facilitate the practical implementation of the superannuation division and address the ownership of all other assets.

Applying sections 90MT(1)(b) and 90ME of the *Family Law Act 1975* (Cth), the court ordered that the wife be entitled to 25 per cent of any splittable payment from the husband's DFRDB interest, with a corresponding reduction in the husband's entitlement. The operative time for this order was set at 28 days after service on the DFRDB trustee, who was directed to take all necessary steps to effect the payment. The court also ordered a method for dividing specific chattels by lot and declared each party to be the owner of all other property in their possession.