Bradman and Bradman

In the matter of *Bradman and Bradman*, Judge Burchardt of the Family Court of Australia considered an application concerning the division of superannuation interests between a member spouse, Mr Bradman, and a non-member spouse, Ms Bradman. The dispute centred on how a splittable payment from Mr Bradman's superannuation fund should be allocated.

The court was required to determine the method by which a portion of a splittable payment from Mr Bradman's superannuation interest should be paid to Ms Bradman, and the consequential reduction in Mr Bradman's entitlements. The court also had to consider the procedural steps necessary for the Trustee of the superannuation scheme to implement these orders, including the calculation and payment of Ms Bradman's entitlement, and the operative time for such orders.

Judge Burchardt ordered, pursuant to section 90MT(1)(b) of the *Family Law Act 1975*, that the Trustee pay 30% of each splittable payment from Mr Bradman's superannuation interest to Ms Bradman, with a corresponding reduction in Mr Bradman's entitlements. The Trustee was directed to take all necessary steps to calculate and pay this entitlement, with the orders becoming operative four business days after service of the sealed orders on the Superannuation Board. The non-member spouse was also permitted to request the creation of a new interest or the rollover/transfer of benefits from the member's superannuation interest. Liberty to apply was granted to all parties and the Trustee regarding the implementation of these orders.