S & S

This matter came before Benjamin J concerning an application by the Wife to review property adjustment orders made by Registrar Weidmann on 18 December 2001. The dispute centred on the division of the Husband's superannuation interest in the X Superannuation Fund.

The court was required to determine whether to grant the Wife an extension of time to review the existing orders, whether to set aside paragraph 7 of those orders, and how to adjust the Husband's superannuation interest in the X Superannuation Fund to provide for the Wife's entitlement. The court also needed to consider the procedural fairness afforded to the Trustee of the Fund and the operative time for any new orders concerning the superannuation split.

By consent of the parties, Benjamin J granted the Wife an extension of time to review the property adjustment orders and set aside paragraph 7 of those orders. The court then made orders pursuant to sections 90MT(4) and 90MT(1)(a) of the *Family Law Act 1975*, allocating a base amount of $13,500.00 to the Wife from the Husband's superannuation interest. These orders stipulated that whenever a splittable payment became payable from the Husband's interest, the Wife would be entitled to a calculated amount, resulting in a corresponding reduction in the Husband's entitlement. The court also made detailed provisions regarding the operative time for these orders, the Husband's obligations to provide information to the Trustee, and mechanisms to facilitate and protect the Wife's superannuation entitlement, including restraints on the Husband and communication protocols with the Trustee. Liberty to apply was granted to all parties and the Trustee regarding the implementation of these orders.

The court ordered that all extant applications be otherwise dismissed. It was certified that it was reasonable to engage counsel to attend the proceedings.