Mayne and Mayne (No 2)

The case of Mayne and Mayne (No 2) was adjudicated by the Family Court of Australia. The dispute centred on the division of superannuation benefits between the husband and wife. The wife sought an allocation of the husband's superannuation under the Family Law Act 1975 (Cth), specifically focusing on the N Superannuation Scheme.

The court was tasked with determining the appropriate base amount to be allocated to the wife from the husband’s superannuation. This involved interpreting and applying sections 90MT(4) and 90MT(1)(a) of the Family Law Act 1975 (Cth), as well as the Family Law (Superannuation) Regulations 2001 (Cth). The court also had to address the obligations of the trustee of the superannuation scheme and ensure that the wife's entitlements were calculated and paid according to the law.

The court found that a base amount of $104,880 should be allocated to the wife. It mandated the trustee to perform necessary actions to calculate and pay this amount in accordance with the regulations. The court further specified that any payments made by the trustee after fulfilling its obligations regarding the wife’s entitlements should not be considered splittable payments. The orders also included provisions for the sale of specified properties to discharge any outstanding payments and interest. Additionally, the court made provisions for the division of personal property and retained assets.

The court's final orders included the allocation of the specified base amount, instructions for the trustee, requirements for the sale of certain properties to satisfy financial obligations, and the division of personal property. The orders were designed to ensure compliance and enforceability, with provisions for interest and additional steps if the wife failed to meet her payment obligations.