Janos and Janos

In the matter of *Janos and Janos*, Foster J of the Federal Circuit and Family Court of Australia made orders concerning the division of superannuation interests between the parties. The dispute centred on the allocation of Mr Janos's interest in the State Superannuation Scheme.

The court was required to determine the appropriate percentage of Mr Janos's superannuation interest to be allocated to Ms Janos, and to make consequential orders for the payment of that entitlement. The court also considered the role of the Trustee of the State Superannuation Scheme in effectuating the division.

Applying section 90MT of the *Family Law Act 1975* and the *Family Law (Superannuation) Regulation 2001*, Foster J ordered that 80 per cent of Mr Janos's interest in the State Superannuation Scheme be allocated to Ms Janos. The court further ordered that Ms Janos was entitled to be paid the amount calculated in accordance with Part 6 of the Regulations, and that Mr Janos's entitlement would be correspondingly reduced. The Trustee was directed to take all necessary steps to calculate and pay Ms Janos's entitlement upon the occurrence of a splittable payment from Mr Janos's interest. The orders were to take effect four business days after service on the Trustee and were binding on the Trustee. Additionally, the husband was ordered to indemnify and save harmless the wife from any liability arising from a guarantee to the ANZ Bank in relation to a joint personal loan.