DUNCAN & DUNCAN (No.2)

In *Duncan & Duncan (No.2)*, Judge O’Sullivan of the Federal Circuit Court of Australia considered an application by the wife for the enforcement of a Binding Financial Agreement dated 18 November 2009. The dispute concerned the sum outstanding to the wife under this agreement, which the husband did not oppose.

The primary legal issue before the Court was to determine the precise sum outstanding under the Binding Financial Agreement and to make orders for its enforcement. This involved considering the application of various provisions of the *Family Law Act 1975* (Cth) and the *Family Law (Superannuation) Regulations 2001* (Cth) to facilitate the payment of the outstanding amount, including through the husband's superannuation interest.

The Court reasoned that the Binding Financial Agreement was to be enforced as if it were an order of the Court, pursuant to s 90KA(c) of the Act. The Court declared the sum outstanding to be $85,905.12. To give effect to this, the Court ordered that the husband pay this sum to the wife. A significant portion of this payment was to be made by directing the Trustee of the husband's superannuation fund to pay the wife an amount calculated in accordance with Part 6 of the *Family Law (Superannuation) Regulations 2001*, using a base amount of 100% of any splittable payment, pursuant to s 90MT(1)(b) of the Act. The remaining balance was to be paid in cash by a specified date. The Court also made directions regarding the filing and service of submissions in relation to costs.