MERRIN & MERRIN

The Family Court of Australia heard an application by the wife, Ms Merrin, for orders altering the property interests of the parties and for a superannuation splitting order. The husband, Mr Merrin, sought no adjustment to the property interests, contending that an interim property distribution was sufficient for a just and equitable outcome, and requested the wife roll over her superannuation into a new entity. The parties had commenced cohabitation in 2002 and married the same year, separating in 2018.

The court was required to determine what orders, if any, should be made for the alteration of the parties' property interests under section 79 of the *Family Law Act 1975* (Cth). This involved considering whether it was just and equitable to make such orders, and if so, what specific adjustments were appropriate, taking into account the contributions of each party, their financial resources, and other relevant factors under section 79(4) of the Act. The court also had to consider the wife's request for a superannuation splitting order and the husband's proposal regarding the wife's superannuation account.

The court found that it was just and equitable to make orders for the alteration of property interests, noting the irretrievable breakdown of the parties' relationship and their mutual desire to sever financial involvement. Applying a two-pool approach to the assets, the court assessed the non-superannuation assets as 70% to the husband and 30% to the wife. No adjustment was made under section 75(2) in favour of either party, and no superannuation splitting order was made.

The court ordered the husband to pay the wife a lump sum of $2,019,466 within 28 days. The wife was also ordered to transfer all her interests in specified corporate entities to the husband or his nominee. Furthermore, the wife was directed to create a new superannuation fund and roll over 100% of her member entitlement from the F Super Fund into this new fund, after which she was to resign as director and transfer her shareholding in the trustee company to the husband. The husband was to indemnify the wife in relation to any liabilities of his entities.