Simpson & Simpson

In the matter of *Simpson & Simpson*, Foster J considered a dispute between a wife and a husband concerning the division of matrimonial assets, specifically addressing both non-superannuation property and the husband's superannuation entitlements. The husband had retired from public service on medical grounds and possessed a Public Service invalidity defined benefit pension along with a member contribution.

The primary legal issues before the court were the extent of each party's entitlement to the husband's superannuation, particularly in light of contributions made during the marriage, and the division of other matrimonial assets. The court was also required to determine the husband's application for spouse maintenance.

By consent, the court ordered the distribution of proceeds from the sale of property, with specific payments to the wife's grandmother and father for loans, and the balance to the wife. Crucially, each party was to retain their other property, save for superannuation and disability benefit entitlements. In accordance with section 90MT(1)(b) of the *Family Law Act 1975* (Cth), the wife was awarded 18 per cent of any "splittable payment" from the husband's interest in The Public Service Superannuation and Benefits Scheme, including his pension and preserved member benefit. The Trustee of the Scheme was directed to calculate and pay this entitlement. The husband's application for spouse maintenance was dismissed, as were all other outstanding applications.