Hutton & Hutton

In *Hutton & Hutton*, Carter J of the Family Court of Australia made orders concerning the property settlement and spousal maintenance of the parties. The dispute involved the division of assets, including superannuation, and the provision of ongoing financial support.

The court was required to determine the appropriate division of the parties' property, including the husband's interest in UniSuper, and to make orders regarding spousal maintenance for the wife. The court also had to consider the mechanism for effectuating the division of the superannuation interest and the binding nature of such orders on the superannuation trustee.

Carter J ordered the husband to pay the wife a lump sum of $24,000 and spousal maintenance of $150 per week for one year. Crucially, the court ordered that the wife was entitled to a splittable payment from the husband's UniSuper interest, calculated using a base amount of $50,000, with a corresponding reduction in the husband's entitlement. These orders regarding superannuation were to take effect seven days after service of the sealed orders on the UniSuper Trustee, and the Trustee was bound by the order, having been afforded procedural fairness. The parties were to equally bear any costs associated with implementing the superannuation order. The court also made orders regarding the return of specific items of furniture, the retention of other property, the release of funds from a trust account, and each party's sole liability for existing debts and liabilities. Save for these specific orders, all other applications were dismissed. The parties were granted liberty to apply for costs within 30 days.