Checklist · Family Law
Superannuation information, valuation and procedural-fairness steps
The steps on the Court's superannuation fact sheet for valuing a fund, choosing an agreement or an order, and giving the trustee procedural fairness before a flagging or splitting order.
- Kind
- Checklist. Steps or checks to work through and tick off.
- Where it applies
- Australia
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the authority it cites, for Australia.
- Version
- 1
- Source
- Written for this library
When to use it
Use when a separating couple may split, or must at least disclose, superannuation in a property settlement. It does not draft the split, the lawyer's certificate, or the consent orders.
Used for these tasks
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
AI may turn fund letters into this steps list and diary the 28-day notice; the lawyer chooses the split, the value, and the orders that are put to the trustee.
AI may
- List each fund named on the file and the date information was requested and received
- Diary service of the sealed application and the 28-day notice to the trustee
- Flag a self-managed fund as one the fact sheet says is generally valued with an accountant
AI must not
- Must not draft the splitting or flagging order, the formal agreement, or the certificate of independent legal advice
- Must not treat superannuation as cash available now
- Must not send a request to a trustee, or to the Court for Commissioner-held fund details, unless the lawyer has approved it
The lawyer checks
- Every superannuation interest is disclosed, including interests that will not be split
- The valuation method matches the interest, with an expert where the fact sheet says the trustee's information is not enough
- A flagging or splitting order is not sought until the trustee has been served with the sealed application, response or reply, and has had the 28-day notice of the terms and the trial date
- A sealed copy of the order, once made, is provided to the trustee
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
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All precedents for Family Law · Tasks and AI use in this area