SCAVO & SCAVO

In the matter of *SCAVO & SCAVO*, heard before Judge Kemp, the dispute concerned property settlement proceedings under the *Family Law Act 1975* (Cth). The applicant, an undischarged bankrupt, sought an adjournment of the proceedings, with his trustee in bankruptcy having declined to intervene. A key aspect of the dispute involved the applicant's standing to pursue property settlement claims, particularly in relation to superannuation funds that had been transferred to a personal bank account.

The court was required to determine whether an adjournment under s.79(5) of the *Family Law Act* was appropriate until the applicant was discharged from bankruptcy. Furthermore, the court had to consider whether the applicant retained standing in relation to his superannuation funds, and specifically, whether funds transferred from a superannuation fund to a party's bank account ceased to be considered superannuation for the purposes of property settlement.

Judge Kemp ordered that the proceedings be adjourned under s.79(5) of the *Family Law Act* until 8 October 2019, with a further mention scheduled for that date. The husband was directed to file and serve evidence of his discharge from bankruptcy seven days prior to the adjourned date. Liberty to apply on seven days' written notice was granted, and the wife's costs of the day were reserved.