KHOZA & NKOSI

In the matter of KHOZA & NKOSI, Judge Obradovic of the Federal Circuit Court of Australia considered an application by the Applicant Wife for an adjustment of property interests against the Respondent Husband. The proceedings were undefended, and the primary dispute concerned the division of the Respondent Husband's superannuation entitlement, which was in the payment phase.

The court was required to determine the appropriate percentage of the Respondent Husband's interest in the B Superannuation fund to be allocated to the Applicant Wife. Additionally, the court needed to make consequential orders to ensure the effective transfer of this entitlement and to address the division of other property, including specific chattels and a motor vehicle.

Applying section 90XT(1)(b) of the *Family Law Act 1975*, the court ordered that the Applicant Wife be entitled to 75% of the Respondent Husband's interest in the B Superannuation fund. The court further directed the trustee of the superannuation fund to calculate and pay the awarded entitlement from splittable payments. Orders were also made for the transfer of a motor vehicle and furniture to the Applicant Wife, with each party to retain other property in their possession. The court also made provision for the Registrar to execute documents if a party failed to do so, and to remove all outstanding issues from the list of cases awaiting finalisation.