Jarvis & Seymour

In the matter of Jarvis & Seymour, Judge Altobelli of the Federal Circuit and Family Court of Australia made orders concerning the division of property and superannuation interests between the Husband and Wife. The dispute involved the distribution of funds held by the Husband's solicitors, the allocation of motor vehicles, and the division of the Husband's superannuation entitlement.

The court was required to determine how the monies held in the solicitors' controlled monies account should be divided between the parties. Further, the court needed to decide the sole ownership of the respective motor vehicles and, crucially, to make orders regarding the Husband's superannuation interest in the (omitted) Superannuation Scheme, specifically in accordance with section 90MT of the *Family Law Act 1975* (Cth).

The court ordered a specific division of the monies held by the solicitors, with a base amount and a percentage of any remaining balance allocated to each party. The motor vehicles were to be held solely by their respective owners. In relation to the superannuation, the court allocated a base amount to the Wife out of the Husband's interest, as required by s 90MT(4) of the *Family Law Act 1975*. The court further ordered that the Wife was entitled to be paid an amount calculated in accordance with the relevant regulations, and that the Husband's entitlement would be correspondingly reduced. The Trustee of the superannuation scheme was directed to take all necessary steps to calculate and pay the Wife's entitlement when a splittable payment was made from the Husband's interest. These orders were to take effect two weeks after service on the Trustee and were binding upon the Trustee. Finally, the parties were to have sole title to any chattels, goods, furnishings, property, moneys, or shares already in their respective possession or sole name.