Nash & Nash

In the matter of *Nash & Nash*, Harland J of the Federal Circuit Court of Australia made orders concerning the property settlement between Mr Nash (the applicant husband) and Ms Nash (the respondent wife). The dispute involved the division of various assets, including funds held by legal practitioners and proceeds from the sale of property, as well as the distribution of interests within the E Super Fund. The court was required to determine the appropriate allocation of these assets and liabilities between the parties.

The court was tasked with determining the division of the parties' assets and liabilities, excluding the E Super Fund, to achieve a 56% distribution in favour of the wife and 44% in favour of the husband. Furthermore, the court needed to effect a split of the member accounts within the E Super Fund in accordance with sections 90XS and 90XT of the *Family Law Act 1975* (Cth), ensuring the wife received 56% and the husband 44% of the consolidated superannuation interests. The court also had to consider the husband's application for spousal maintenance.

Harland J reasoned that while the parties had made largely equal contributions to the pool of assets, the wife's recent inheritance warranted an adjustment in her favour. This adjustment, combined with a small adjustment in the husband's favour to account for section 75(2) factors, specifically his age, medical conditions, and the resulting impact on his employment prospects, led to the final division of 56% for the wife and 44% for the husband. The court found the husband's medical evidence regarding his inability to work was not challenged, but his future earning capacity remained unknown. The husband's maintenance claim was dismissed due to its unsatisfactory preparation and the lack of clear evidence supporting the requested lump sum. The orders provided detailed mechanisms for the distribution of non-superannuation assets and the splitting of the E Super Fund, including the roles of trustees and specific financial professionals.