Volman and Volman

In the matter of Volman and Volman, Foster J of the Family Court of Australia considered a dispute concerning the division of superannuation interests between the parties. The proceedings involved an application for orders relating to Mr Volman's superannuation interest in the B Super fund.

The central legal issue before the Court was how to effect the division of Mr Volman's superannuation interest in accordance with the provisions of the *Family Law Act 1975* (Cth), specifically s 90MT(1)(b), and the associated *Family Law (Superannuation) Regulations 2001* (Cth). This involved determining the percentage of a "splittable payment" that Ms Volman would be entitled to receive from Mr Volman's superannuation interest.

Foster J ordered that pursuant to s 90MT(1)(b) of the *Family Law Act 1975* (Cth), whenever a splittable payment becomes payable in respect of Mr Volman's superannuation interest in the B Super fund, Ms Volman shall be entitled to 100 per cent of that interest, calculated in accordance with Part 6 of the *Family Law (Superannuation) Regulations 2001* (Cth). This order necessitates a corresponding reduction in Mr Volman's entitlement to any such splittable payment. The Trustee of the B Super fund was directed to take all necessary steps to give effect to this payment. These orders were to take effect four business days after service on the Trustee.