Chaban & Chaban (No 2) [2023] FedCFamC1A 118

Where the husband seeks an extension of time to appeal from a superannuation splitting order made by consent in 2021 – Where the husband contends the splitting order is void as the primary judge allegedly failed to determine the value of the parties’ superannuation interest pursuant to s 90XT(2) of the Family Law Act 1975 (Cth) – Where the primary judge implicitly accepted the parties’ agreed value of the superannuation interest was the appropriate method to determine its value – Where, in any event, the husband would need to persuade the Court hearing the appeal that a materially different result favouring him may have ensued – Where there is no adequate explanation for the husband’s delay – Prejudice to the wife – Application dismissed.