DANAHER & REDLING

In the Family Court of Australia, Judge Bender considered an application by the de facto wife for property orders against the de facto husband. The dispute involved the division of assets and liabilities following the breakdown of the de facto relationship, with particular focus on the husband's greater earning capacity and financial resources, his failure to make full and frank disclosure, and his non-compliance with previous court orders.

The court was required to determine whether an adjustment should be made for contributions, whether a further adjustment was warranted in favour of the de facto wife under section 90SF(3) of the *Family Law Act 1975* (Cth) due to the husband's conduct, and how a self-managed superannuation fund should be treated, specifically concerning the husband's role as director of the trustee.

Judge Bender determined that no adjustment would be made for contributions. However, a 10% adjustment was ordered in favour of the de facto wife under section 90SF(3) factors, reflecting the husband's conduct. The court also made orders for the splitting of the self-managed superannuation fund, granting the de facto wife a base amount of $50,000. In the event that this superannuation splitting order could not be complied with within 60 days, the de facto husband was ordered to make a cash payment to the de facto wife. Further orders detailed the process for the superannuation split, including the obligations of the trustee and the parties, and provided for alternative arrangements and security for the payments.