Bulow & Bulow (No 3)

In *Bulow & Bulow (No 3)*, Heffernan J of the Federal Circuit Court of Australia considered orders relating to the division of property and costs between Ms Bulow (the applicant wife) and Mr Bulow (the respondent husband). The proceedings involved the finalisation of property settlement orders, including the division of non-superannuation assets and the treatment of the husband's superannuation interests, in light of previous Full Court decisions and legislative amendments.

The court was required to determine the precise division of the parties' non-superannuation assets, the allocation of costs, and the method for splitting the husband's superannuation interest in the H Super Fund. This included considering the impact of the *Superannuation Legislation Amendment (Family Law) Act 2004* and the *Family Law (Superannuation) Regulations 2001* on the creation of a separate superannuation interest for the non-member spouse and the consequential effects on payments. The court also had to address the husband's post-separation contributions to his superannuation and their impact on the overall division.

Heffernan J applied the principles of property division under the *Family Law Act 1975* (Cth), taking into account the parties' financial resources, including the nature and characteristics of the husband's superannuation interest. The court accepted the expert evidence of Mr Stephen Bourke regarding the valuation of the husband's superannuation interest at different points in time and the potential impact of a splitting order. The judge found that the husband's increased superannuation contributions post-separation, while funded by his post-separation salary, were to be considered in the context of the wife's significant non-financial contributions. The court also noted that certain orders from a previous judgment had already been effected by the parties.

The court made orders for a 60:40 division of non-superannuation assets in favour of the wife, specifying the disbursement of proceeds from the sale of a property. It also ordered the husband to pay the wife's costs, noting this had already been effected. Crucially, the court made orders pursuant to s 90XT of the *Family Law Act 1975* (Cth) to allocate a base amount of $225,262 from the husband's H Super Fund interest to the wife, establishing her entitlement to a splittable payment from that interest. The proceedings were adjourned for mention regarding the wife's applications for costs of the first trial and expert evidence.