Mason & Mason

In *Mason & Mason*, the parties were a husband and wife, and the dispute concerned the division of their matrimonial assets. The matter came before Dessau J of the Family Court of Australia.

The primary legal issue before the court was the appropriate method for valuing and distributing the parties' superannuation interests, particularly in light of the complexities arising from one party's significant superannuation entitlements accrued during the marriage. The court was required to determine how these entitlements should be treated as part of the matrimonial pool and how their value should be ascertained for the purposes of a just and equitable property settlement.

Dessau J considered the principles governing the division of matrimonial property under the *Family Law Act 1975* (Cth), with a particular focus on the treatment of superannuation. The court acknowledged that superannuation is a significant asset and that its valuation can be challenging. Dessau J applied established principles for valuing superannuation interests, considering factors such as the present value of accrued benefits and potential future entitlements. The court emphasised the need for a practical and equitable approach to ensure that both parties received a fair share of the matrimonial assets, including their superannuation.