Wyndham and Wyndham

In the matter of *Wyndham and Wyndham*, heard by Judge Young, the dispute concerned the division of superannuation interests between the parties. The specific details of the superannuation fund were omitted, but the core of the disagreement revolved around how the husband's interest in this fund should be treated in the context of their property settlement.

The court was required to determine the appropriate method for allocating a portion of the husband's superannuation interest to the wife. This involved considering the provisions of the *Family Law Act 1975* (Cth) and the associated Superannuation Regulations, specifically how to effect a legally binding division of a superannuation benefit that would be recognised by the fund's trustee.

Judge Young ordered that the wife was to receive 45% of the husband's interest in the specified superannuation fund, pursuant to section 90MT(1)(b) of the *Family Law Act 1975*. The court further stipulated that whenever a splittable payment became payable from the husband's interest in the fund, the wife would be entitled to receive a calculated amount, with a corresponding reduction in the husband's entitlement. These orders were to become operative four business days after service of the sealed final orders on the fund's trustee, and were declared binding on the trustee, having been made with due procedural fairness.