Simons & Simons

In the matter of *Simons & Simons*, Rose J of the Federal Circuit and Family Court of Australia made orders concerning the division of a superannuation interest. The dispute involved the wife seeking a share of the husband's interest in the S Fund, a splittable payment component of his superannuation.

The court was required to determine the wife's entitlement to a percentage of splittable payments from the husband's interest in the S Fund and the operative time for such an order. The court also needed to ensure the trustee of the Fund would comply with the orders made.

Applying section 90MT(1)(b) of the *Family Law Act 1975*, Rose J ordered that the wife was entitled to 10% of each splittable payment from the husband's interest in the S Fund. The husband's entitlement, and that of any other recipient, was correspondingly reduced. The order was to take effect seven days after the next splittable payment following service of the orders on the trustee. The trustee was directed to take all necessary steps to calculate and pay the wife's entitlement. The court further declared each party to be the sole beneficial owner of personalty and superannuation entitlements in their possession, subject to the orders made.