Charlton and Charlton

In Charlton and Charlton, Monteith J considered orders relating to the division of superannuation interests and other assets between a husband and wife. The dispute concerned how a superannuation fund, specifically the "C Scheme," and other assets, including proceeds from the sale of a home and moneys owed by a company, should be divided.

The court was required to determine the method by which the wife would receive her entitlement from the husband's interest in the C Scheme, and to make declarations regarding joint debts and the division of other property. Specifically, the court had to address the calculation and payment of the wife's share of any "splittable payment" from the superannuation fund, and the distribution of funds held in a cash management account and moneys owed by B Pty. Ltd.

Monteith J ordered that the wife be entitled to 50 percent of any splittable payment made from the husband's interest in the C Scheme, with a corresponding reduction to the husband's entitlement, pursuant to s 90MT(1)(b) of the Family Law Act 1975. The trustee of the C Scheme was directed to take all necessary steps to calculate and pay this entitlement. The court also ordered the equal division of funds in the husband's Westpac Cash Management Account, representing the sale proceeds of a home, and declared that both parties held a one-half interest in moneys owing by B Pty. Ltd. Each party was otherwise to retain sole entitlement to property and chattels in their possession, with specific deeming provisions for bank accounts, insurance policies, and motor vehicles.