Publications
Superannuation
Super-Size Me: Superannuation Splitting and Family Law
Introduction Most property settlements under the Family Law Act 1975 (Cth) (FLA) involve a consideration of superannuation. Even the smallest property pools will usually include some superannuation. On 1 July 2022 the Superannuation Guarantee (SG) contributions increased to 10.5 % of earnings. This is now the minimum...
Superannuation Splitting Agreements and Orders
Introduction The Family Law Legislation Amendment (Superannuation) Act 2001 (“the FL Superannuation Act”) and associated regulations started on 28 December 2002. This paper looks at the practicalities of drafting orders and superannuation agreements, not valuation of superannuation interests and what percentage split should...
Property—the latest on contributions and superannuation
The assessment of contributions to property is a fraught area. Clients often want to argue that their contributions should be given more weight. This is particularly problematic when dealing with initial contributions, post-separation contributions, windfall such as inheritance and Tattslotto wins. This paper gives some...
Superannuation splitting scheme: assessing contributions and s 75(2) factors
Introduction The ability to split superannuation as part of adjusting property interests between the parties at the end of a de facto relationship or marriage offers opportunities and challenges to family lawyers and clients. This paper first gives a general overview of the superannuation splitting scheme and then looks at...
Non-compliant self-managed superannuation funds in family law proceedings
Under the Family Law Act 1975, the Family Law Courts have power to make orders splitting superannuation so as to achieve a just and equitable outcome which might not otherwise be possible if only non-superannuation interests are adjusted between the parties. Particular problems arise however when self-managed superannuation...
