Carpani and Arjuna (No 2)

This matter came before Rees J of the Family Court of Australia concerning an application by the wife for interim property adjustment. The dispute involved the division of marital assets between the wife and the husband, Mr Arjuna.

The court was required to determine the wife's entitlement to interim property adjustment under section 79 of the *Family Law Act 1975* (Cth). Specifically, the court needed to decide how various bank accounts held by the husband, any monies owing to him by his employer, and his superannuation interests should be treated pending further orders. The court also considered the procedure for effectuating these interim orders, including the role of financial institutions and the superannuation trustee.

Rees J applied principles of interim property adjustment under the *Family Law Act 1975* (Cth). The court ordered that the wife was entitled to receive all monies held in credit in specified bank accounts of the husband, as well as any monies owing to him by his employer. Furthermore, the court ordered that 100 per cent of any "splittable payment" from the husband's interest in Commonwealth Bank Group Super would be paid to the wife, pursuant to section 90MT(1)(b) and section 90ME of the Act. The court also made provisions for the execution of necessary documents by the Registrar in the event of default by either party and declared the wife to be the sole owner of property standing in her name. The orders were to take effect four business days after their commencement and were to be served on the husband and relevant financial institutions. The matter was to be re-listed on application by either party, with the orders to be considered final if not re-listed within 12 months.