Mellis and Mellis (No 3)

In *Mellis and Mellis (No 3)*, the Family Court of Australia was required to make orders concerning the division of property, specifically addressing the respondent father's interest in a superannuation fund. The applicant mother sought an entitlement from this fund.

The central legal issue before the Court was how to effect a division of the respondent father's superannuation entitlement in accordance with the *Family Law Act 1975* (Cth) and its associated regulations. This involved determining the specific mechanism and percentage by which the applicant mother would receive a portion of the superannuation payment.

Macmillan J applied section 90XT of the *Family Law Act 1975* (Cth) and Part 6 of the *Family Law Superannuation Regulations 2001* (Cth) to make the orders. The Court ordered that the applicant mother be entitled to 100% of any splittable payment that becomes payable in respect of the respondent father's interest in Super Fund B, with a corresponding reduction to the respondent father's entitlement. The orders specified the operative time and the responsibilities of the parties and the trustee of Super Fund B in serving and observing the court's directions. All other extant applications were dismissed.