Falk & Falk (No. 2)

In *Falk & Falk (No. 2)*, Henderson J of the Family Court of Australia considered an application by the husband for access to his share of funds held within a self-managed superannuation fund. The wife opposed this application. The husband suffers from an ongoing medical condition and is no longer employed, necessitating access to these funds. The court was asked to determine whether granting the husband access to his superannuation entitlement would jeopardise the wife's final property application.

The court's reasoning focused on the principles governing interim property orders in family law proceedings. Henderson J considered the husband's circumstances, including his medical condition and unemployment, as significant factors in assessing the need for interim access to funds. Crucially, the court found that the proposed access would not prejudice the wife's ability to pursue her final property claims. The court applied the principle that interim orders should be made where necessary to preserve assets or meet immediate needs, provided they do not pre-empt the final determination of the property settlement.

The court ordered that the parties, acting as directors of L Pty Ltd, the trustee of the M Super Fund, must take all necessary steps to pay the husband's entitlement from the superannuation fund to him in full within seven days. This included the transfer of specific bank account balances, shares, and artwork held by the super fund. The orders also stipulated a series of reciprocal actions to be taken by both parties upon compliance, including the husband's resignation from L Pty Ltd and the transfer of his interests in the company to the wife, with the wife indemnifying the husband against all liabilities related to L Pty Ltd. The Registrar was appointed to execute documents if either party failed to comply within fourteen days.