Stewart and Stewart

In the matter of *Stewart and Stewart*, Judge Coker of the Federal Circuit Court of Australia considered a dispute between a husband and wife concerning the division of their property and superannuation interests. The proceedings involved an application for orders relating to the division of assets, including a specific superannuation fund.

The court was required to determine how to allocate the parties' respective property, including a significant superannuation interest held by the husband. Central to the determination was the application of provisions within the *Family Law Act 1975* (Cth) concerning the division of superannuation interests in accordance with the relevant regulations.

Judge Coker applied sections 90MT(4) and 90MT(1)(a) of the *Family Law Act 1975* (Cth) to effect a division of the husband's superannuation. The court ordered that a base amount of $147,525.00 of the superannuation account be allocated to the wife. Furthermore, the court created an entitlement for the wife to be paid this amount, with a corresponding reduction in the husband's entitlement, and stipulated the operative time for this payment split. The court also made orders for the execution of necessary documents and appointed the Registrar to act in the event of default, with the husband ordered to pay the wife's costs, to be included in the superannuation split.