Kellett and Kellett (No.2)

In *Kellett and Kellett (No.2)*, Judge O'Sullivan of the Federal Circuit and Family Court of Australia made orders concerning the division of property between the parties. The dispute involved the distribution of funds held in a trust account and the allocation of a defined benefit interest in a superannuation fund.

The court was required to determine the appropriate division of the parties' financial resources, specifically addressing the distribution of a sum held in a trust account and the method for allocating a portion of the husband's defined benefit superannuation interest to the wife. The court also needed to make orders that would give effect to this division, including provisions for the trustee of the superannuation fund.

The court ordered that a specific sum held in a trust account be released to the wife. Furthermore, the court allocated a base amount of $72,200 from the husband's defined benefit superannuation interest to the wife. Pursuant to section 90MT(1)(a) of the *Family Law Act 1975*, the court directed that whenever a splittable payment was made from the husband's superannuation interest, the trustee was to pay the wife her calculated entitlement under the *Family Law (Superannuation) Regulations 2001*, with a corresponding reduction in the husband's entitlement. The operative time for these orders was set for seven days after their making, and the wife was ordered to serve a copy on the superannuation trustee. The court also made general orders regarding the division of other property, including the allocation of joint bank accounts to the husband, and each party's sole entitlement to other property in their possession.