CUMMINGS & WARNER (No.2)

In *Cummings & Warner (No.2)*, Judge Neville considered an enforcement action brought by the de facto wife, Ms Cummings, seeking to enforce an earlier judgment that found a binding financial agreement existed and was binding pursuant to s 90UJ(1B) of the *Family Law Act 1975* (Cth). The de facto husband, Mr Warner, contended that the court lacked jurisdiction to make any orders regarding his superannuation, which was his sole asset and in the payment phase, despite acknowledging he owed funds to Ms Cummings.

The central legal issue before the court was whether it possessed the relevant jurisdiction to make orders concerning the splitting of Mr Warner's superannuation interest in circumstances where he argued the court was without such power. This arose in the context of Ms Cummings seeking to recover funds from Mr Warner, who had benefited from her financial contributions during their relationship but was now attempting to avoid repayment.

Judge Neville found that the court did have the necessary jurisdiction to make orders regarding the superannuation. The reasoning applied, drawing from the *Family Law Act 1975*, permitted the court to make orders for the division of superannuation interests in the context of enforcing a financial agreement. Consequently, the court made orders as sought by Ms Cummings, discharging a previous third-party debt notice and entitling Ms Cummings to be paid 38.94% of Mr Warner's interest in Super Fund 1. The trustee of Super Fund 1 was directed to take all necessary steps to calculate and pay this entitlement when splittable payments were made from Mr Warner's interest. The orders were to take effect four business days after service, and Mr Warner was ordered to pay Ms Cummings' costs on an indemnity basis.