Eames and Eames

In the matter of Eames and Eames, the Applicant sought and was granted leave by Judge Kirton of the Federal Circuit Court to proceed to a final hearing on an undefended basis. The dispute concerned the division of superannuation interests between the parties.

The court was required to determine how the Respondent's interests in Super Fund C and Super Fund D should be allocated to the Applicant. Specifically, the court needed to establish the percentage of these interests to be transferred, the mechanism for future payments from these funds to the Applicant, and the operative time for these orders. The court also had to consider the necessary steps to ensure the orders were binding on the trustees of both superannuation funds and to prevent the Respondent from diminishing the value of the superannuation interests before the split was implemented.

Judge Kirton ordered that 50% of the Respondent's interests in Super Fund C and Super Fund D be allocated to the Applicant. This allocation was to be effective from the seventh business day after service of the orders and a completed regulation 72 Notice on the trustees. The court further ordered that, pursuant to section 90MT(1)(b) of the Family Law Act 1975, splittable payments from these funds would be paid to the Applicant according to a prescribed calculation, with a corresponding reduction for the Respondent. The Respondent was restrained from encumbering or diminishing these interests, and the trustees were directed to give effect to the orders, including the establishment of a separate account for the Applicant or facilitating rollovers. The orders also addressed the retention of other property by each party and provided for the Registrar to execute documents if a party refused to do so.