PAVOT & PAVOT

In the matter of PAVOT & PAVOT, Judge Lapthorn of the Federal Circuit and Family Court of Australia made orders concerning the property settlement between the husband and wife. The dispute centred on the division of assets and liabilities following the breakdown of the marriage.

The court was required to determine how the parties' various assets, including real property, motor vehicles, bank accounts, and superannuation entitlements, should be divided. A key issue was the treatment of the husband's superannuation interest in a specific fund, and the mechanism for splitting this entitlement between the parties.

The court ordered that the husband transfer his interest in Property M to the wife, while the wife would retain her Ford Territory, bank accounts, superannuation, and personal items. The husband would retain Property S, his Commodore, motorcycle, bank accounts, superannuation, and personal items. Crucially, the court made orders under section 90MT(1)(a) of the *Family Law Act 1975* to effect a payment split from the husband's superannuation fund, entitling the wife to a specific amount. These orders were to bind the trustee of the superannuation fund and were to take effect four business days after service on the trustee. The court also noted that any payments from the husband's superannuation interest after the creation of a new interest for the wife would not be considered splittable payments.