Carson and Carson (No 2)

In the matter of *Carson and Carson (No 2)*, Cronin J considered applications concerning superannuation interests and costs. The dispute involved the husband and wife, with the wife seeking to vary existing court orders regarding the husband's superannuation funds, specifically B Super and C Super. The court also addressed an application for costs.

The primary legal issues before the court were whether to amend existing orders to clarify the intention regarding splittable payments from the husband's superannuation interests and whether the husband's conduct warranted an order for costs in favour of the wife. The court was required to determine the appropriate directions to be given to the trustees of the superannuation funds and to assess the justification for a costs order.

Cronin J reasoned that the existing orders needed amendment to clearly direct the trustees of B Super and C Super not to make any splittable payments from the husband's interest without leave of the court, and to notify both parties of any such payments. This amendment aimed to preserve the superannuation interests pending final resolution. Regarding costs, the court found that the husband's lack of activity in the proceedings justified an order for costs in favour of the wife. The court ordered that the husband pay the wife's costs fixed at $3600. The matter was adjourned and fixed for a final hearing, with specific directions given for the filing and service of documents, including amended applications, affidavits of evidence, and case outlines, and a timetable was established for these steps.