CALLIS & CALLIS

In the matter of *Callis & Callis*, Bennett J considered an application to vary existing Family Court orders made on 23 December 2002. The dispute concerned the division of financial resources between the parties, specifically relating to the husband's interest in the B Superannuation Fund and a property located at C Street, Suburb D, Queensland. The parties sought to vary the previous orders by consent.

The court was required to determine how to vary the existing orders to effect a division of the husband's superannuation interest in favour of the wife. This involved considering the mechanism for transferring the Suburb D property to the wife in satisfaction of a portion of her entitlement, and how this would impact the husband's superannuation interest and the wife's future claims. The court also needed to address the finality of the financial relationship between the parties and the vacating of a previously scheduled hearing.

Bennett J's decision, by consent, involved varying the original orders under section 79A(1)(b) and (c) of the *Family Law Act 1975*. The core of the variation was the discharge of paragraph 8.1 of the original orders and its substitution with new provisions. These new provisions allocated a base amount from the husband's superannuation interest to the wife, to be satisfied by the transfer of the Suburb D property to her. The orders stipulated that this transfer would reduce the wife's entitlement in the fund to nil and that the wife would be entitled to the base amount whenever a splittable payment became payable from the husband's interest, with a corresponding reduction in his entitlement. The operative time for these provisions was set, and the parties were ordered to take all necessary steps to facilitate the transfer, including the wife paying $55,000 into the fund and relinquishing further claims. The court also noted, pursuant to section 81 of the Act, that the orders were intended to finally determine the financial relationships between the parties and avoid further proceedings.