Donovan and Hargrave (No.2)

In *Donovan and Hargrave (No.2)*, Judge Scarlett considered an application by Ms Donovan (the Applicant) against Mr Hargrave (the Respondent) concerning the settlement of property. The dispute involved the division of superannuation interests.

The court was required to determine the appropriate allocation of a base amount from the Respondent's interest in the [T] Superannuation fund to the Applicant, and to make orders for the calculation and payment of this entitlement in accordance with the *Family Law Act 1975* and the *Family Law (Superannuation) Regulations 2001*. The court also needed to address the obligations of the Trustee of the superannuation fund in facilitating this payment split.

The court ordered that the Respondent pay the Applicant $50,000 by way of property settlement within three months. Crucially, a base amount of $39,808.95 was allocated to the Applicant from the Respondent's interest in the [T] Superannuation fund, pursuant to s 90MJ(1)(c) of the *Family Law Act 1975*. This allocation reduced the Respondent's entitlement to payments from the fund. The Trustee was directed to calculate and pay the Applicant's entitlement, and the Applicant was to take necessary steps to roll over or transfer these benefits to a fund of her choosing. The parties were put on notice that payments made after the transfer of benefits would not be splittable, and the Trustee's obligations would cease upon such transfer. The operative time for the orders was four business days after service on the Trustee, and provisions were made for the filing of submissions regarding costs.