Lavell & Lavell

In *Lavell & Lavell*, heard before Murphy J of the Family Court of Australia, the dispute concerned the division of property between a husband and wife. The wife sought to retain her superannuation interest in the M Superannuation Fund, while the husband sought a share of this asset.

The primary legal issue before the court was how to achieve a just and equitable division of the parties' property, specifically addressing the wife's superannuation interest in light of the husband's claim. The court was required to determine the appropriate allocation of this significant asset within the overall property settlement.

Murphy J ordered that the wife's superannuation interest in the M Superannuation Fund be subject to a splitting order, transferring $100,000 to the husband's interest in the same fund. Subject to this division, each party was to retain the property currently held by them to the exclusion of the other. To give effect to these orders, the parties were directed to file agreed minutes of order within 21 days. Additionally, the wife was ordered to pay $1,000 to P Accountants for loss and expense incurred due to compliance with the wife's subpoena.