Daniels and Daniels

In *Daniels and Daniels*, Dessau J considered the division of assets between a husband and wife. The dispute concerned the distribution of monies in a joint bank account, Telstra shares held jointly, and the husband's superannuation interest. The court also addressed the retention of other assets by each party and the question of costs.

The primary legal issues before the court were how to equitably divide the parties' joint assets, specifically the bank account and Telstra shares, and how to address the husband's superannuation entitlement. This involved determining the appropriate method for valuing and splitting the superannuation interest in accordance with the *Family Law Act 1975* and its associated regulations. The court was also required to make orders regarding the operative time for these divisions and to consider any liberty to apply for the parties and the trustee.

Dessau J ordered that the monies in the Commonwealth Bank account be divided equally between the husband and wife. The wife was also ordered to transfer her interest in the jointly held Telstra shares to the husband. Crucially, regarding the husband's superannuation interest in the Emergency Services Superannuation Scheme, the court made orders pursuant to s 90MT(1)(a) of the *Family Law Act 1975*. These orders stipulated that the wife would be entitled to a calculated amount from splittable payments from the husband's superannuation, with a corresponding reduction in the husband's interest. The operative time for these orders was set at four business days after service of the sealed orders on the superannuation scheme. The husband was to retain all other assets in his possession, and the wife was to retain all other assets in her possession. All other applications were dismissed.