Morbey and Morbey

In *Morbey and Morbey*, Johnston JR of the Federal Circuit and Family Court of Australia was required to determine the division of property and superannuation interests between a husband and wife. The dispute concerned the net proceeds of sale of their former matrimonial home and the husband's interest in the Emergency Services Superannuation Scheme.

The court was tasked with determining how the proceeds of the former matrimonial home should be divided between the parties. Furthermore, the court needed to ascertain the appropriate method for allocating a portion of the husband's superannuation interest to the wife, in accordance with the provisions of the *Family Law Act 1975* and its associated regulations.

Johnston JR ordered that the net proceeds of the sale of the former matrimonial home be divided, with 61.677 percent allocated to the wife and 38.323 percent to the husband. The husband was declared the sole owner of his L property. Crucially, the court ordered that a base amount of $452,742 be allocated to the wife from the husband's interest in the Emergency Services Superannuation Scheme, pursuant to s 90MT(4) of the *Family Law Act 1975*. The court further directed the Trustee of the scheme to take all necessary steps to calculate and pay the wife's entitlement in accordance with the Act and Regulations, and that this order would take effect four days after service on the Trustee. The court also made provisions for the creation of a new interest in the wife's name and clarified that payments made after this creation would not be considered splittable payments. Finally, the court ordered that each party remain the sole owner of all other property and superannuation in their possession, and appointed the registrars of the Court to sign any necessary documents if either party failed to do so.