MADIGAN & MADIGAN

In the matter of MADIGAN & MADIGAN, before Judge Phipps, the husband sought orders concerning the division of superannuation interests. The dispute centred on how a specific superannuation interest held by the wife should be treated and divided between the parties.

The court was required to determine the appropriate procedure for making orders that would affect a superannuation fund, particularly in circumstances where the fund's trustee had not been formally joined as a party and its full details were not provided to the court. The central legal issue was how to ensure procedural fairness to the superannuation trustee before making binding orders under section 90MT of the *Family Law Act 1975* (Cth).

The court reasoned that it could not make final orders directly binding the superannuation trustee without first affording it an opportunity to be heard. Accordingly, the court made procedural orders requiring the husband to notify the trustee of the proposed superannuation order and to provide evidence of this notification. The court indicated that it would make the superannuation order in the terms proposed, subject to any amendments suggested by the trustee following this notification. The husband's initiating application was otherwise dismissed, with the matter adjourned to allow for compliance with the procedural steps.