Stuart and Stuart

In the matter of *Stuart and Stuart*, Johns J of the Family Court of Australia made orders concerning the division of superannuation interests between the husband, Mr. Stuart, and the wife, Ms. Stuart. The dispute centred on the wife's claim to a portion of the husband's superannuation held within Company C Super Pty Ltd.

The court was required to determine how to allocate a portion of the husband's superannuation interest to the wife. Specifically, the court had to decide the base amount to be allocated, the mechanism for future payments upon the husband's splittable payments being made from the fund, and the operative date of these orders. Furthermore, the court needed to consider orders to prevent the husband from taking actions that would render any part of his superannuation interest a non-splittable payment, and to ensure the Trustee of the fund gave effect to these orders.

Johns J applied sections 90MT(1) and 90MT(4) 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 $190,000 be allocated to the wife from the husband's interest in the Company C Super fund. The Trustee was directed to pay the wife an amount calculated in accordance with the Regulations whenever the husband received a splittable payment from his interest, with a corresponding reduction in the husband's entitlement. The orders were to become effective four business days after service of a certified copy of the orders on the Trustee. The court also imposed restraints on the husband and the Trustee to prevent the husband from taking actions that would render any part of his interest a non-splittable payment, until certain conditions were met, such as the establishment of a separate account for the wife or the transfer of her split entitlement. The court also made ancillary orders regarding other property and superannuation entitlements, and dismissed the wife's further amended initiating application.