Hall and Collett

In the matter of *Hall and Collett*, Monteith J considered an application concerning financial orders between a husband and wife. The dispute involved the division of assets, including a significant superannuation interest held by the husband in the Defence Force Retirement and Death Benefits Scheme (DFRDB).

The court was required to determine the appropriate distribution of the parties' financial resources, specifically addressing the wife's entitlement to a portion of the husband's DFRDB superannuation. This involved considering the application of relevant provisions of the *Family Law Act 1975* and the *Family Law (Superannuation) Regulations 2001* to the specific circumstances of the DFRDB scheme.

Monteith J ordered the husband to pay the wife a lump sum of $40,000, with provisions for the wife to contribute to any bank fees incurred by the husband in making this payment. Crucially, the court also made orders pursuant to s 90MT(1)(a) of the *Family Law Act 1975*, entitling the wife to a calculated portion of the husband's DFRDB splittable payments, using a base amount of $190,463. These superannuation orders were to become operative on the fourth business day after service of the sealed orders on the Trustee, and the Trustee and the husband were directed to take all necessary steps to give effect to these entitlements.