Hughes & Hughes

In the matter of Hughes & Hughes, the husband and wife were parties to proceedings before Macmillan J in the Family Court of Australia concerning the division of their superannuation entitlements. The dispute centred on the husband's obligation to transfer his benefits and entitlements in two superannuation funds, the M Superannuation Fund and the D Superannuation Fund, to the wife.

The primary legal issue before the court was how to ensure the effective and timely transfer of the husband's superannuation interests to the wife, particularly in circumstances where the husband might refuse or neglect to take the necessary steps. This involved the court considering its powers to enforce its orders for the division of property, specifically superannuation.

Macmillan J ordered that the husband must forthwith take all necessary actions and sign all required documents to authorise and effect the payment of all his benefits and entitlements in the M Superannuation Fund and the D Superannuation Fund to the wife. Crucially, the court invoked section 106A of the *Family Law Act 1975* (Cth), appointing a Registrar of the Family Court of Australia to execute any necessary documents on the husband's behalf should he refuse or neglect to do so within 14 days of a written request. The wife was directed to serve a sealed copy of the order and the reasons for judgment on the superannuation funds.

The court further ordered that the wife's application filed on 8 December 2011 and the husband's response filed on 30 January 2012 be otherwise dismissed and removed from the list of cases awaiting hearing, indicating a final resolution of the specific applications before the court.