JENKINS & STEWART

In the matter of JENKINS & STEWART, heard before Cronin J, the dispute concerned the division of superannuation interests between the parties. The court was required to make orders allocating a portion of the husband's superannuation interest to the wife.

The primary legal issue before the court was how to effect the division of the husband's superannuation interest in the Credit Suisse Superannuation Rollover Plan, specifically determining the base amount to be deducted and the mechanism for future payments to the wife. The court also considered the procedural steps necessary to ensure the validity and enforceability of the superannuation splitting orders, including service on the trustee and the timing of their effect.

Cronin J applied the provisions of section 90MT(1)(a) of the *Family Law Act 1975* (Cth) to allocate a base amount of $61,379.00 from the husband's interest in the superannuation fund to the wife. The court ordered that future splittable payments would be paid to the wife according to the *Family Law (Superannuation) Regulations 2001*, with a corresponding reduction in the husband's entitlement. The court also made specific orders regarding the service of the sealed orders on the trustee of the superannuation fund, the commencement date of the orders, and a limited period for the trustee to object on grounds of procedural fairness, noting that these procedural provisions were included due to the parties not having previously served the proposed orders on the trustee. All other extant applications were dismissed.