Norman and Sinclair

In the matter of *Norman and Sinclair*, Judge Young of the Family Court of Australia considered a dispute between a husband and wife concerning the division of their matrimonial assets. The wife sought a division of property, including a portion of the husband's superannuation interest.

The primary legal issue before the court was the appropriate method for valuing and dividing the husband's superannuation interest as part of the overall property settlement. The court was required to determine the quantum of the wife's entitlement from the husband's superannuation fund and the mechanism for its transfer, in accordance with the provisions of the *Family Law Act 1975* and associated regulations.

Judge Young ordered that the husband pay the wife $32,000 within 90 days. Furthermore, in relation to the husband's superannuation interest, the court ordered that $25,000 be allocated to the wife. This allocation was to be effected in accordance with section 90MT(1) of the *Family Law Act 1975*, with the wife entitled to an amount calculated under Part VI of the *Family Law (Superannuation) Regulations 2001*, resulting in a corresponding reduction of the husband's entitlement. The wife was directed to serve a copy of these orders on the Trustee of the superannuation scheme, with the orders becoming binding on the Trustee after a specified period following service, provided no objection or application to vary was made. The operative time for the superannuation order was set at four business days after the expiry of the Trustee's objection period. All other extant applications were dismissed.