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    • Medical Negligence
    • Women’s Health
          • Women’s Health

            We know that there is disparity in women’s health care, treatment, and support. We are committed to improving the lives of women and strongly advocating for their wellbeing.  That is why we take a stand and hold medical professionals accountable when medical care falls short of expected standards by delivering the best outcome in medical negligence claims affecting women.

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    • Hospital Negligence
          • Hospital Negligence

            We understand you may feel let down because you have experienced inadequate or negligent care and treatment in a hospital or medical facility. Your wellbeing is most important to us and we are committed to supporting you with compassion and holding medical professionals accountable for breach of duty and negligent care.

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    • Clinical Support
          • Clinical Support

            Experiencing poor or adverse outcomes from allied health treatment can be distressing and life changing. We are here to support you through your claim and it is our aim to hold allied health professionals accountable for their breach of care by delivering the outcome you deserve to your negligence claims.

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    • I need help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Personal Injury
          • Personal Injury

            If you have been injured because of someone else’s negligence, our specialist team of Personal Injury Lawyers is here to support you with compassion and understanding providing you with the right advice. Our team has substantial experience and expertise in these matters to deliver the outcomes you deserve from your claim.

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    • Work Injury
    • Motor Vehicle Accidents
          • Motor Vehicle Accidents

            We are here to support you and give you the clarity, guidance and the right legal advice if you have been injured in a motor vehicle accident. Our compassionate team of professionals in Personal Injury law have the technical expertise and a wealth of experience to win you the compensation you deserve.

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    • Public Liability
          • Public Liability

            Our specialist team in Personal Injury law is here to support you in accessing proper compensation if you have been injured because of someone else’s negligence. We have cutting edge expertise and experience in public liability claims to deliver the outcome you deserve.

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    • Abuse
          • Institutional Abuse

            We strongly believe that educational institutions must be held accountable when failing to protect children while in their care. If you have experienced institutional physical or sexual abuse, our specialist team in Personal Injury law is here to support you with compassion and offer our technical expertise and experience to deliver the best outcome in your case.

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    • Workers Compensation
          • Workers Compensation

            When you sustain an injury or illness because of work, you may be entitled to  compensation. Our specialist team in Personal Injury Law is here to support you with compassion and understanding with the right advice. We have substantial technical expertise to deliver the best possible outcome from your claim.

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    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Wills & Estate Planning
          • Wills and Estates

            When we provide advice on estate planning, we believe  in giving advice on options to mitigate the risks of litigation by potentially unhappy family members and protecting your assets from claims. Our legal team is here to support you and address your concerns regarding your estate planning. We have immense experience in these matters, providing you with advice and representation for your unique situation and delivering the best outcomes for your case.

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    • Powers of Attorney
    • Contest A Will
          • Contest A Will

            We have immense experience and specialised knowledge in family provision and wills disputes Where you have not been properly and adequately provided for under a will or where you suspect that the person making the will may not have had capacity or exercised their own free will, you need a lawyer with extensive experience and expertise. Our team of Lawyers will  provide you with advice and representation for your unique situation and deliver the best outcomes for your case.

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    • Probate & Deceased Estates
    • Enduring Guardian
    • Family Provision
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Other Services Overview
          • Conrad Curry Can assist you with a variety of services

            Our solicitors are highly experienced in providing you with expert legal advice and will keep you informed every step of the way. It’s good to know that our firm is trusted and effective with a high success rate.

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    • Professional Negligence
          • Professional Negligence

            We rely on professionals in all aspects of our lives to provide us with proper advice on which to make decisions about our financial and legal affairs. When you are let down by poor advice the results can be devastating.  We are here to support you in your claim for compensation with clarity, guidance and the right advice to achieve the outcome you deserve.

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    • Malicious Prosecution
          • Malicious Prosecution

            We believe in standing up for those people who are falsely accused and prosecuted. Our experienced legal team is here to support you with compassion and provide you with clarity, guidance, and the right advice in your claim for compensation.

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    • General Litigation
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • What to Expect
          • What to expect

            We are your law firm for life. You can count on us for the best legal advice and compassionate support. We understand the challenges you are facing and we want you to know that you don’t have to navigate the often daunting process alone. We are here when you need us. Let us help you find your way forward with our empathetic and efficient approach. Contact us. You can call us on (02) 4050 0330 for a free initial no-obligation consultation or book an appointment online for an in-person consultation or an online video appointment.

  • No Win/No Fee Options

How is a Superannuation Split implemented?

Once the Court has ordered a super split or the parties agree to implement a super split, superannuation benefits from one party will be rolled over into the nominated complying super fund of the other party.

If a 50:50 superannuation split is being implemented, funds from the party with more super, will be rolled over into the complying super fund of the party, with less super, to equalise their superannuation benefits, at the relevant time.

Before a superannuation splitting agreement or Orders is/are made, the parties start by calculating the amount that needs to be rolled over, draft an Agreement or Consent Orders to implement the rollover and serve the Trustee of the super fund in which the party with the higher amount of super is a member, with a copy of the proposed Agreement or Orders.

The Trustee of the fund then has 28 days to request any changes, before the parties can approach the Court to make the proposed superannuation splitting Orders.

Once served with a copy of sealed Orders or a signed Agreement, the Trustee usually has four (4) business days to implement the Orders by rolling the required amount out of the super fund of the party with more super into the super fund of the party with less super.

However, in practice, it usually takes a lot longer than four (4) days. If it takes more than four business days to implement the super split, the Trustee will then adjust the amounts to backdate the split to the date four (4) business days after they received the sealed Orders. This means that if the value of the funds has gone up or down, or if the investment has accumulated additional interest payments, these will be backdated as if the super split had been implemented on the date that fell four (4) business days after the Trustee received the Orders.

Once the split has taken effect, the receiving party, will be required to complete paperwork to implement the rollover. The additional superannuation benefits should appear in the party’s online statement or be confirmed by the Trustee of the superannuation fund within about two weeks of the split being requested and the paperwork being sent back to the Trustee.

What can I do if I suspect or know that my ex-partner has not disclosed all their superannuation interests

As a result of recent reforms, from 1 April 2022 a party can now apply to the Court for Orders requiring the Australian Taxation Office to provide all records in relation to any superannuation funds currently or historically held by a party, to the Court. As every employer must report details of the superannuation payments that they make on behalf of an employee to the ATO, these reforms enable a party to overcome any attempts by their former partner or spouse to hide their superannuation interests.

Once the ATO has provided a list of funds in which the nominated person held a superannuation interest to the Court, the requesting party can then lodge a “Form 6 Request for Superannuation Interest Information” with each of the superannuation funds to obtain information about the value of past and current superannuation interests held by the other party at a particular date.

If it turns out that your ex-partner or spouse has not met their financial disclosure obligations in relation to their superannuation interests, this evidence can be used to support Orders being made for them to pay your costs of and incidental to obtaining evidence about their superannuation interests. Such evidence may also support an application for further adjustments in favour of the party seeking disclosure of required information given the conduct of the non-disclosing party in the proceedings and their failure to meet their financial disclosure obligations.

Summary

Superannuation is a financial asset that can be divided as part of a family law property division. Each party is entitled to receive a fair share of the joint superannuation interests accumulated during the relationship. Whilst the process is quite straightforward, there are technical and procedural rules that must be followed in order for a superannuation split to be implemented.

At the Law Office of Conrad Curry, we understand the importance of superannuation to your financial future and our skilled and knowledgeable family law team, will work with you and your financial advisors or our panel of financial advisors, to ensure that you secure a fair share of joint superannuation benefits and that any taxation or other financial consequences are taken into account, in the overall property division.

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