LITTLE & LITTLE

In the matter of *Little & Little*, Kent J of the Family Court of Australia considered an application to vary existing orders made on 10 May 2016. The dispute concerned the division of superannuation interests and the wife's resignation from directorships and shareholdings in certain companies.

The primary legal issue before the court was whether to vary the previous orders pursuant to section 79A(1A) of the *Family Law Act 1975* (Cth). This involved determining the appropriate method for allocating individual member balances within a superannuation fund and the wife's entitlement to a percentage of the husband's interest in that fund, as well as her obligations regarding her roles in F Pty Ltd and G Pty Ltd.

By consent of the parties, Kent J varied the orders made on 10 May 2016. The variation involved excising specific previous orders and replacing them with new provisions. These new orders stipulated that the husband and wife, in their capacities as trustees of the Super Fund, were to take all necessary steps to allocate their individual member balances as at 30 June 2020. Furthermore, pursuant to section 90XT(1)(b) of the *Family Law Act 1975*, the wife was entitled to 42.5% of the husband's interest in the Super Fund, with a corresponding reduction in the husband's entitlement. The wife was also required to resign as director, shareholder, and/or member of F Pty Ltd and G Pty Ltd within seven days of the order.

The court ordered that all outstanding applications be dismissed and removed from the pending cases list. The Minutes of Consent were to remain on the court file, and each party was to bear their own costs.