Orchard and Orchard

In the matter of Orchard and Orchard, Dessau J of the Family Court of Australia made orders concerning the division of property between the parties. The dispute involved the division of real property, a business interest, and a superannuation fund.

The court was required to determine how the parties' assets should be divided, specifically addressing the transfer of a property, the retention of a business interest, and the allocation of a portion of the husband's superannuation interest to the wife. The court also considered the mechanism for splitting the superannuation payments and the circumstances under which the husband was restrained from altering his superannuation entitlements.

Dessau J applied the provisions of the *Family Law Act 1975* and the *Family Law (Superannuation) Regulations 2001* to effect the property settlement. The court ordered the wife to transfer her interest in a property to the husband at his expense, and the husband to retain his interest in a business. Crucially, the court ordered that a specific amount be allocated to the wife from the husband's superannuation fund, and that the trustee of the fund pay this amount to the wife whenever splittable payments were made from the husband's interest. The court also imposed restraints on the husband to prevent him from taking actions that would render his superannuation interest a "not splittable payment" and ordered the revocation of existing death benefit nominations in favour of any person other than the wife.

The operative time for these orders was set as 20 November 2008. The court further ordered that each party would be solely entitled to all other property in their possession, with existing joint tenancies severed. All existing applications were dismissed, and there were no orders as to costs.