Firth and Firth

In the matter of *Firth and Firth*, Guest J of the Family Court of Australia considered an application to set aside previous orders concerning the division of a husband's superannuation interest. The original orders, made by Justice Burton on 18 November 1998, were sought to be varied or set aside.

The central legal issues before Guest J were whether to set aside the existing orders pursuant to section 79A of the *Family Law Act 1975* and, if so, how to re-apportion the husband's superannuation interest in the Emergency Services Superannuation Scheme between the parties. The court was also required to determine the appropriate mechanism for the payment of the wife's entitlement from the superannuation fund and the effect of these new orders on the trustee of the fund.

Guest J reasoned that the circumstances warranted setting aside the previous orders under section 79A of the *Family Law Act 1975*. The court then made new orders that allocated 85.083% of the husband's interest in the Emergency Services Superannuation Scheme to the wife. These orders stipulated that the trustee of the fund was to pay this percentage of each splittable payment directly to the wife, with a corresponding reduction in the husband's entitlement. The orders were made binding on the trustee and were to take effect from the fourth business day after service on the trustee, who was also directed to comply with relevant provisions of the *Family Law Act 1975* and the *Family Law (Superannuation) Regulations 2001*. Liberty to apply was granted to all parties and the trustee regarding the implementation of these superannuation orders.