The Family Court has the power to make orders to adjust the superannuation interests of married couples.
In December 2002 the Family Law Superannuation (Regulations) Act 2001 and associated regulations commenced operation. This Act enables couples to transfer superannuation interests held by one spouse to the other spouse’s superannuation fund, therefore “splitting” the interest held by one spouse.
Sometimes it is not possible to ‘transfer’ entitlements, These entitlements can be "flagged" until it is possible to provide them to the other spouse depending on the superannuation fund’s own regulations.
Some couples who separated and obtained splitting orders before December 2002, cannot implement those orders due to deficiencies with the drafting of the orders. We can assist you to resolve this diffuculty.
We can also advise you about what proportion of superannuation you may wish to seek from your spouse in the context of your property settlement and how those orders should be drafted.
Superannuation Splitting Orders Team
Lani joined Dwyer Durack in December 2017 and primarily practices in the area of Personal Injury Law.
Lani has experience in multiple areas of personal injury and insurance law, with a particular focus on motor vehicle accident and workers' compensation claims.
Prior to joining Dwyer Durack, Lani worked for the State Solicitor's Office in the Departmental Prosecutions Division where she gained valuable experience in complex regulatory criminal prosecutions.
Lani represents clients in the Magistrates Court, Children's Court, District Courts and Family Court of Western Australia. Lani has otherwise instructed Counsel and Senior Counsel for Trials.
AREAS OF SPECIALTY
- Workers’ Compensation Claims
- Employer's Negligence / Common Law Claims
- Motor Vehicle Accident Claims
- Criminal Injuries Compensation Claims
- Abuse in Care Claims
- Third Party Claims
- Family & De Facto Law
- Criminal Law
- Alternative Dispute Resolution
EDUCATION / ADMISSIONS
- Bachelor of Laws
- Graduate Diploma of Legal Practice
- Admission Date: 2 September 2016
- Law Society of Western Australia
- Family Law Practitioners Association of Western Australia
Amanda joined Dwyer Durack's Personal Injury Law Department in 2021 as a Legal Assistant after working with the Family Law & De Facto Law Department since 2011.
Amanda has extensive experience, having worked in the legal industry for over 25 years.
She has been assisting the Personal Injury Law Department over the years and has now moved exclusively into the Department to help support and provide a high level of service to our injured clients.