Firth and Firth (No. 2)

This matter came before Guest J in the Family Court of Australia concerning an application by the Wife for final orders in family law proceedings. The dispute involved the division of superannuation entitlements between the parties.

The primary legal issues before the court were whether the Wife should be granted leave to amend her application for final orders, and how the Wife's superannuation entitlements should be calculated, specifically in light of previous orders made by Justice Burton and potential withdrawals by the Husband from the fund. The court also considered the procedural steps required for the further conduct of the proceedings, including the filing and service of documents by both parties.

Guest J, by consent of the parties, made orders allowing the Wife to amend her application and adjourning the further hearing for mention, permitting both parties to appear via electronic communication. Crucially, the court ordered that the Emergency Services and State Superannuation funds calculate the Wife's entitlements based on the assumption that the Husband had not made withdrawals from the fund, with the calculation to be as at 21 November 2007. The court also made directions regarding the service of these orders and the filing of further affidavits and responses by the Husband. The Wife was awarded costs of the day, with liability for payment to be determined later.