Cartwright and Cartwright (No.2)

In *Cartwright and Cartwright (No.2)*, Judge Lapthorn made orders concerning the division of property and superannuation interests between a husband and wife. The dispute involved the transfer of interests in real property and the allocation of a specific sum from the husband's superannuation fund to the wife.

The court was required to determine how the parties' respective interests in two properties, one located in New South Wales and another referred to as the "Property B Property," should be divided. Additionally, the court needed to make orders regarding the division of the husband's interest in the Super 1 Superannuation Plan, specifically allocating a base amount to the wife and establishing the mechanism for its payment. The court also considered the discharge of existing orders and the execution of necessary documents to give effect to its determinations.

The court ordered the wife's interest in Property A to be transferred to the husband within 28 days. It further ordered that the wife be allocated $381,113 from the husband's interest in the Super 1 Superannuation Plan, with this amount to be paid to her pursuant to section 90MT(1) of the *Family Law Act 1975* whenever a splittable payment became payable. This order was to take effect four business days after service of the orders on the superannuation trustee. The court also ordered that within 28 days of receiving this splittable payment, the wife was to discharge a specific mortgage on the Property B Property, and contemporaneously, both parties were to transfer their respective interests in the Property B Property to each other. Each party was to retain their other possessions, and the Registrar of the Federal Circuit Court was appointed to execute documents if either party failed to do so. Finally, previous orders made on 6 April 2016 were discharged, effective 15 February 2018.