When you are part of a current proceeding seeking financial/property orders in the Federal Circuit and Family Court of Australia, you or your legal representative can apply directly to the Court to request your spouse, former spouse or de facto's superannuation information held by the Commissioner of Taxation.

How to make a request

The request for superannuation information must be made in the approved Superannuation Information Request form online and uploaded to the court's portal. You must be part of a current property settlement proceeding to make a request.

When completing the form, provide as much information as possible about the party whose superannuation information is being sought. The more information provided, the greater the chance of a successful match by the Australian Taxation Office (ATO).

If you are unable to access the Commonwealth Courts Portal, you can contact the Court directly to discuss alternative options. 

Response

A response to the request should be available on the Courts Portal within 7 days. The response will be visible to all parties and legal representatives.

The superannuation information provided by the ATO may not reflect an up-to-date account balance and should not be solely relied on. The latest balance information can be obtained from the super fund by completing the Form 6 in the Superannuation Kit.

The superannuation information received should be used solely for the purposes of the proceeding and must not be disclosed to anyone that is not part of that proceeding. The super information is disclosed for the purposes of property settlement proceedings in accordance with subsection 355-65(3) in Schedule 1 to the Taxation Administration Act 1953 and should only be disclosed to the parties and their respective lawyers for the purposes of the relevant proceedings in accordance with subsection 90XZJ(2) or 90YZY(2) of the Family Law Act 1975.

Making a record of, or on-disclosing, that superannuation information by a person may be an offence unless it is for the purpose of the relevant proceedings, see sections 355-155 and 355-175 in Schedule 1 to the Taxation Administration Act 1953.

Types of responses

The response to the request will be a letter from the ATO to the Court advising either:

• individual located and super found
• individual located and no super found
• individual unable to be located.

Further information on the types of responses received is available on the ATO website.

Christine Weston
Divorce Resource

This article contains general information only. For advice regarding your own personal circumstances, always seek individual advice from a qualified professional.