Trent and Jollie

In the matter of Trent and Jollie, heard by Le Poer Trench J, the dispute concerned the division of superannuation interests between a husband and wife. The court was required to determine how the husband's superannuation interests with B Super Fund should be split and allocated to the wife.

The court's primary legal issue was to determine the appropriate method for splitting the husband's superannuation interest in B Super Fund and to make orders binding the trustee of the fund. This involved applying the relevant provisions of the *Family Law Act 1975* (Cth) and the *Family Law (Superannuation) Regulations*.

Le Poer Trench J applied sections 90MT(1)(a), 90MT(2), and 90MT(4) of the *Family Law Act 1975* (Cth) and Regulation 27 of the *Family Law (Superannuation) Regulations*. The court determined that the husband's superannuation interest in B Super Fund was valued at $254,000 as at 30 June 2012. The court then allocated a base amount of $128,734 to the wife in respect of this interest. The court further ordered that whenever a splittable payment became payable in respect of the husband's superannuation, the wife would be entitled to a payment calculated in accordance with the Family Law Regulations, with a corresponding reduction in the husband's entitlement. The operative time for this payment was set at 28 days after the date of the order, and the order was made binding on the Trustee of the Fund. Each party was declared the absolute owner of property standing in their name, other than as specified in the orders. Provisions were also made for any potential applications for costs, with a default position of no order as to costs if no application was filed within the specified timeframe. Leave was granted to each party to seek further orders to implement the current orders.