Kale and Karmel (No 2)

In *Kale and Karmel (No 2)*, Kent J of the Supreme Court of Western Australia considered an application concerning the division of property following the breakdown of a marriage. The dispute involved the parties' respective claims to assets and liabilities accumulated during their relationship.

The central legal issue before the court was the appropriate method for valuing and distributing the parties' superannuation interests, which constituted a significant portion of their matrimonial asset pool. The court was required to determine how to account for the present value of these future entitlements in the overall property settlement.

Kent J applied the principles of property adjustment under the *Family Law Act 1975* (Cth), emphasizing the need for a just and equitable division. The court considered expert evidence regarding the valuation of the superannuation interests and the impact of various factors, such as taxation and potential early access, on their present value. The reasoning focused on achieving a fair outcome that reflected the contributions of each party to the marriage and their future needs.

The proceedings were adjourned to allow the parties an opportunity to reach an agreement on the form of orders giving effect to the court's reasons. If agreement was reached, the parties were at liberty to submit agreed orders for making in chambers, thereby vacating the scheduled hearing.