Chapman and Chapman

In the matter of Chapman and Chapman, Judge Myers considered a dispute between a husband and wife concerning property settlement. The proceedings involved the division of assets, including superannuation interests, following the breakdown of the marriage.

The court was required to determine the appropriate method for dividing the parties' property, with a particular focus on how to address the husband's superannuation entitlement. This involved considering the application of specific provisions within the *Family Law Act 1975* and the *Family Law (Superannuation) Regulations 2001* concerning superannuation splitting orders.

Judge Myers reasoned that a portion of the husband's superannuation interest should be allocated to the wife pursuant to s.79MT(4) of the *Family Law Act 1975*. The court further ordered, in accordance with s.90MT(1)(a) of the Act, that the wife was entitled to a payment calculated under Part 6 of the *Family Law (Superannuation) Regulations 2001*, which would correspondingly reduce the husband's and any other entitled person's interest in the superannuation fund. The Trustee of the superannuation fund was directed to take all necessary steps to calculate and pay the wife's entitlement.

The court ordered the discharge of all previous orders and directed the husband to pay the wife a sum of $17,200.13 within 42 days. Additionally, a base amount of $5,652.88 was allocated to the wife from the husband's superannuation interest. The orders were to take effect four business days after service on the Trustee, and the wife was to take necessary steps to roll over or transfer her entitlement from the husband's superannuation interest to a fund of her choosing.