Family Law (Superannuation) Regulations 2025
54Gross value—accumulation interest (other than a partially vested accumulation interest): other cases
Start here
Get a plain-English read of 54
Turn the raw legal text into a practical explanation grounded in Family Law (Superannuation) Regulations 2025.
54 Gross value—accumulation interest (other than a partially vested accumulation interest): other cases
(1) This section applies for the superannuation interest if: (a) item 3 of the table in section 51 applies for the interest; and (b) neither subsection 53(2) nor (3) applies for the interest. (2) The gross value of the superannuation interest at the relevant date is calculated using the formula in subsection (3). The inputs for that formula will depend on whether the evidence before the court: (a) includes the contents of only 1 member information statement (an early statement) for the member spouse and relating to the interest, and the relevant date is after the valuation date stated in that statement; or (b) includes the contents of 2 member information statements for the member spouse and relating to the interest, and the relevant date is between the valuation date stated in one of those statements (the first statement) and the valuation date stated in the other statement (the second statement); or (c) includes the contents of only 1 member information statement (a late statement) for the member spouse and relating to the interest, and the relevant date is before the valuation date stated in that statement; or (d) does not include the contents of any such member information statement. (3) The gross value of the superannuation interest at the relevant date is equal to:
Start formula Values for first valuation date plus start fraction open bracket Values for second valuation date minus Values for first valuation date close bracket times Number of days between the first valuation date and the relevant date open bracket excluding both of those dates close bracket over Number of days in the period starting on the day after the first valuation date and ending on the second valuation date end fraction end formula
where:
values for first valuation date means the sum of:
(a) the value of the superannuation interest at the first valuation date; and
(b) the value of any benefits rolled over, or transferred, by the member spouse to the plan in which the interest is held (other than regular contributions made by or for the member spouse to the plan) in the period:
(i) starting on the day after the first valuation date; and
(ii) ending on the day before the relevant date;
less the value of any partial payment of benefits to the member spouse made in that period.
Note: Some of the terms in this definition are defined in subsection (4). See also subsection (5).
values for second valuation date means the sum of:
(a) the value of the superannuation interest at the second valuation date; and
(b) the value of any partial payment of benefits made to the member spouse in the period starting on the day after the relevant date and ending on the second valuation date, less:
(i) the value of any benefits rolled over, or transferred, by the member spouse in that period to the plan in which the interest is held (other than regular contributions made by or for the member spouse to the plan); and
(ii) any interest earned on those benefits in that period.