Maloich and Maloich

In Maloich and Maloich, heard by Judge Burchardt, the dispute concerned the division of property between a husband and wife. The orders made by the court addressed the transfer of a vehicle and the splitting of superannuation entitlements.

The court was required to determine how the parties' superannuation interests should be divided, specifically how a portion of the husband's interest in the [M] Super Fund should be allocated to the wife. The orders also dealt with the practical implementation of this split, including the binding nature of the orders on the superannuation fund trustee and the timing of the operative provisions.

The court ordered the husband to transfer his Land Rover to the wife at her expense. Crucially, the court also ordered that the wife be allocated a base amount of $3,160 from the husband's interest in the [M] Super Fund. Furthermore, the trustee of the Fund was directed to pay the wife a portion of any splittable payments made from the husband's interest, calculated according to the Family Law (Superannuation) Regulations 2001, with a corresponding reduction in the husband's entitlement. These provisions were to take effect 20 business days after service of the orders on the trustee. The orders also included provisions to protect the wife's entitlement until a separate account was established, the payment split was transferred, or the husband took action that would render his interest non-splittable. Each party was to retain property in their possession, with specific provisions regarding bank accounts, insurance policies, and liabilities. Liberty to apply was granted to both parties and the trustee of the Fund.