Braidwood and Winlow

This matter concerned an application by Ms Braidwood against Mr Winlow, with the Trustee of the Employer Superannuation Scheme joined as a party. The dispute centred on the division of Mr Winlow's superannuation interests, specifically his accumulation component within the Fund. The court was required to make orders for the allocation and payment of a portion of this superannuation interest to Ms Braidwood.

The primary legal issues before the court were how to effect a division of Mr Winlow's superannuation accumulation component in accordance with the Family Law Act 1975 and its associated regulations, and how to ensure that the Trustee of the Fund complied with such orders. The court also considered the need to restrain Mr Winlow from taking any action that would render his superannuation interest a non-splittable payment, thereby frustrating the division.

The court ordered that a base amount of $113,902 from Mr Winlow's accumulation component be allocated to Ms Braidwood for the purposes of section 90MT(4) of the Family Law Act 1975. Pursuant to section 90MT(1)(a), Ms Braidwood is entitled to be paid an amount calculated in accordance with Part 6 of the Family Law (Superannuation) Regulations 2001 whenever a splittable payment becomes payable in respect of that component, with a corresponding reduction in Mr Winlow's interest. These orders were to take effect from the fourth business day after service on the Trustee, and the Trustee was ordered to give effect to them. Furthermore, Mr Winlow was restrained from executing a Binding Death Benefit Nomination or taking any action that would render his accumulation interest a non-splittable payment. The court also made ancillary orders regarding the service of the order and notice on the Trustee, and confirmed that each party was solely entitled to their existing property.