Hamza and Magdi

This matter concerned orders made by Johnston J in the Federal Circuit Court of Australia, concerning the division of property and spousal maintenance between Hamza and Magdi. The dispute involved the allocation of the husband's interest in the R Superannuation Plan, a monetary payment, and the security for that payment, as well as spousal maintenance.

The court was required to determine the specific amounts and mechanisms for the division of the superannuation interest, the payment of a lump sum, and the provision of spousal maintenance. Key legal issues included the application of sections 90MT of the *Family Law Act 1975* and relevant regulations concerning superannuation splitting, the creation of a charge over property to secure a debt, and the calculation and variation of spousal maintenance.

Johnston J ordered that a base amount of $100,000 be allocated to the wife from the husband's superannuation interest, with further entitlements to be paid as splittable payments become payable, calculated in accordance with the *Family Law (Superannuation) Regulations 2001*. The court also ordered the husband to pay the wife $41,092 within 42 days, secured by a charge over his interest in a property at BB Street, D, Sydney. Additionally, the husband was ordered to pay spousal maintenance of $130 per week, with a mechanism for annual variation based on the Consumer Price Index. The orders were to commence operation on 29 April 2011.