Schendel and Rawlin

This matter came before Foster J concerning an application by Ms Schendel against Mr Rawlin regarding the division of superannuation interests. The dispute centred on the appropriate allocation of a portion of Mr Rawlin's superannuation fund to Ms Schendel.

The court was required to determine how to implement a division of superannuation interests pursuant to the *Family Law Act 1975* (Cth). Specifically, the court needed to establish a base amount to be allocated to Ms Schendel and create a corresponding entitlement for her within Mr Rawlin's superannuation fund, while reducing his entitlement.

Foster J applied sections 90XT(4) and 90XT(1)(a) of the *Family Law Act 1975* (Cth) and Part 6 of the *Family Law (Superannuation) Regulations 2001* (Cth). The court ordered that a base amount of $38,000 be allocated to Ms Schendel from Mr Rawlin's interest in the B Super Fund. The court further created an entitlement for Ms Schendel to be paid an amount calculated in accordance with the regulations, with a corresponding reduction in Mr Rawlin's entitlement. The trustee of the fund was directed to take all necessary steps to give effect to these orders upon service of the sealed court documents.