Carron & Laniga  FamCAFC 115
In the case of Carron & Laniga  FamCAFC 115, there were a number of matters raised on appeal and eventually the appeal was allowed on an issue of addbacks. Of interest to the writer is a discussion about Military Superannuation. The court said:
“The husband contended without contradiction that the wife’s MSBS pension is paid under the Military Superannuation and Benefits Act 1991.“
The issue was that the husband had said that it was obligatory for a pension to be valued using the formula under the Family Law Superannuation Regulations.
The court found:
“In property settlement proceedings, there is no need to ascertain the capitalised value of a superannuation interest, much less one in payment phase being paid in the form of a non-commutable pension, unless a superannuation splitting order is sought in relation to the interest.
The Act only provides that a superannuation interest must be valued before it is amenable to a splitting order (s.90XT(2)) for which purpose the Family Law Superannuation Regulations 2001 (the Regulations) make provision for the manner in which the different superannuation interests are valued.”
The case is an interesting one in that in terms of contribution, the court determined that the division would be the husband’s contributions had warranted an entitlement to 55% of the net assets but under s.75(2) found that the final entitlements were 55% to the wife and 45% to the husband.
This type of flipping of contribution and need is not unusual in practice, but it is interesting to see in a case this very same alteration being made.