Question 1

Why does superannuation need a specialist valuation in family law?

Accepted Answer

Superannuation is property under Part VIIIB of the Family Law Act, but it is not all matrimonial property. The portion a party brought into the relationship — and the investment growth that portion would have earned regardless of the marriage — is generally treated as a section 79(4)(a) initial contribution. Identifying that portion accurately requires reconstructing fund balances, applying actual investment returns, and stripping post-cohabitation contributions. A standard Form 6 super disclosure does not do this.

Question 2

I cannot find my super statements from when we started living together. Can you still help?

Accepted Answer

Yes. Our Balance Benchmark Rating produces a defensible estimate of the pre-cohabitation balance using ATO income history, APRA fund return data and contribution norms for your age and industry cohort. The report transparently identifies the result as an estimate, with a sensitivity range, so the court understands its weight.

Question 3

Can you act for both parties?

Accepted Answer

We are frequently appointed as a Single Expert Witness on the joint instruction of both parties or their solicitors. This is usually the most cost-effective path. We can also act as a shadow expert for one party, or as a court-appointed expert under FCFCOA rules.

Question 4

How long does a report take?

Accepted Answer

Standard turnaround is 7–10 business days from receipt of complete information. Mediation Support Packs can be delivered in 5 business days. Urgent matters can be expedited on request — we will tell you whether the timeline is realistic before you pay.

Question 5

What does it cost?

Accepted Answer

Engagements are fixed-fee, agreed in writing before work begins. A Balance Benchmark estimate starts at A$880; a full pre-cohabitation valuation from A$1,650; a court-format expert report from A$2,200. Re-bases and supplementary reports are quoted at concession rates for existing matters.

Question 6

Do I need a lawyer to instruct you?

Accepted Answer

No. We accept instructions from parties acting in person, from family lawyers, and from mediators. We will recommend independent legal advice in any matter where it would clearly assist the party — but we do not require it as a precondition.

Question 7

What about defined benefit interests like state super, military super or judges' pensions?

Accepted Answer

Defined benefit interests are valued using the prescribed methods in the Family Law (Superannuation) Regulations 2001, modified where appropriate by Attorney-General-approved scheme factors. We have specific experience with PSS, CSS, MSBS, ESSSuper, GESB West State and judicial pensions.

Question 8

Can the report be used in mediation, not just court?

Accepted Answer

Yes — and most are. A clear, neutral actuarial number often resolves the superannuation question early, leaving the parties to focus on the remaining property issues.

Question 9

What documents do I need to provide?

Accepted Answer

The shorter the gap in your records, the more accurate the result. See our Evidence checklist for a full list — at a minimum we want member statements at cohabitation and at separation (or today), plus contribution and rollover history in between. If anything is missing we will tell you what we can reconstruct from ATO and APRA data and what we cannot.

Question 10

How do you calculate the 'actual return' on a pre-cohabitation balance?

Accepted Answer

We rebuild the unit-price or crediting-rate history of the specific investment option the member was in for each financial year, then compound those net-of-fees returns across the cohabitation period. We do not use a generic CPI or term-deposit rate — courts have repeatedly criticised that shortcut. Where the option history is unavailable we use the fund's published default-strategy returns and disclose the substitution.

Question 11

What if the member changed funds or investment options during cohabitation?

Accepted Answer

We track the rollovers and option switches using member statements, MyGov ATO data and fund correspondence, then apply the correct return series to each segment. The resulting 'grossed-up' pre-cohabitation balance is the sum of those segments.

Question 12

Is the report admissible in the FCFCOA?

Accepted Answer

Yes. Our expert reports are prepared in compliance with the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 — Part 7.1 and the Harmonised Expert Witness Code of Conduct. The expert's CV, declarations, instructions, methodology, assumptions and limitations are all included.

Question 13

How do you protect my personal and financial information?

Accepted Answer

All documents are stored on encrypted Australian-hosted infrastructure, accessible only to the assigned actuary and a named support analyst. Files are retained for seven years to satisfy professional standards and then securely destroyed. We never share information with the other party except through the formal report.

Question 14

Who actually signs the report?

Accepted Answer

Every report is signed by a Fellow or Associate of the Actuaries Institute of Australia who personally takes responsibility for the calculations and opinions. The signatory's CV — qualifications, court appearances, peer-reviewed publications and continuing professional development — is appended to the report so the court can weigh expertise on the face of the document.

Question 15

What expert-witness credentials do your actuaries hold?

Accepted Answer

Our reporting actuaries are credentialled to give evidence in the Federal Circuit and Family Court of Australia (FCFCOA), have completed the Actuaries Institute's Expert Witness Practice course, and have been appointed as Single Expert Witness in superannuation matters by consent of the parties and by court order. Where defined-benefit interests are involved, the signatory holds a current Public Practice Certificate.

Question 16

Do you comply with the FCFCOA Expert Witness Code of Conduct?

Accepted Answer

Yes. Reports are prepared in accordance with the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 — Part 7.1 and the Harmonised Expert Witness Code of Conduct. The actuary's overriding duty is to the Court, not to the instructing party, and the report contains the declarations, qualifications, instructions, materials considered, assumptions and limitations required by the Code.

Question 17

Are you independent of the funds and the parties?

Accepted Answer

Yes. We hold no commercial relationship with any superannuation trustee, fund manager or law firm. We will decline an engagement where any conflict — past or present — would compromise our independence, and any matter that could be perceived as a conflict is disclosed in writing before instructions are accepted.

Question 18

What core assumptions does the report disclose?

Accepted Answer

Each report sets out, in a dedicated section, the cohabitation and separation dates relied on, the investment option(s) assumed for each period, the net-of-fees return series applied, contribution and rollover treatment, tax treatment of any unrealised growth, and the discount rate or scheme factors used for defined-benefit interests. The reader can re-perform the arithmetic from the assumptions alone.

Question 19

How do you choose the return series for the roll-forward?

Accepted Answer

We use the actual unit-price or crediting-rate history of the specific investment option the member was invested in for each financial year, sourced from the trustee or APRA. Where option-level history is unavailable, we substitute the fund's published default-strategy return and disclose the substitution and its likely directional effect on the result.

Question 20

What dates do you treat as the start and end of the relationship?

Accepted Answer

Cohabitation date and separation date are matters of fact for the parties or the Court — not for the actuary. We adopt the dates instructed and, where they are in dispute, run sensitivity calculations on alternative dates so the Court can see the financial consequence of preferring one date over another.

Question 21

How do you handle defined-benefit assumptions?

Accepted Answer

Defined-benefit interests are valued using the methods prescribed in the Family Law (Superannuation) Regulations 2001 and any Attorney-General-approved scheme-specific factors (PSS, CSS, MSBS, ESSSuper, GESB West State, judicial pensions). Where the Regulations leave room for assumption (e.g. retirement age, salary growth), we adopt scheme-typical assumptions and present sensitivity to plausible alternatives.

Question 22

What can a roll-forward valuation not do?

Accepted Answer

It cannot reconstruct contributions or switches that are not evidenced in member statements, ATO records or trustee correspondence. Where evidence is missing, the report uses cohort-based estimates from APRA fund data and the ATO MyGov contribution history, clearly labels them as estimates, and shows the resulting uncertainty as a sensitivity range.

Question 23

Is your output a market value of the super interest?

Accepted Answer

For accumulation interests, the value at the relevant date is the member balance after all roll-forwards and adjustments — that is the value the Family Law (Superannuation) Regulations and FCFCOA accept. For defined-benefit interests, the figure is the family-law value calculated under the Regulations, which is not the same as a buy-out, commutation or transfer value and is not intended to represent one.

Question 24

Why does the report include a sensitivity range?

Accepted Answer

Because small changes in date, return series or contribution assumption can move the section 79(4)(a) initial-contribution figure by tens of thousands of dollars. Showing the range — rather than a single number — gives the Court and the parties an honest view of how robust the conclusion is to the inputs.

Question 25

What is outside the actuary's scope?

Accepted Answer

We do not give legal advice, do not opine on the just-and-equitable apportionment under section 79(2), and do not value non-superannuation property. We provide the financial inputs the lawyers and the Court need to do their work, and stop at the boundary of legal opinion.

Question 26

Can the report be used in mediation rather than litigation?

Accepted Answer

Yes — most of our reports are. A neutral, jointly-instructed actuarial figure usually settles the superannuation question early in mediation, which lets the parties focus negotiation time on the remaining property pool and parenting arrangements.

Question 27

Is a mediation report different from a court report?

Accepted Answer

The methodology and signatory are identical — the actuary's duty does not change. A Mediation Support Pack is presented in plain English with a one-page summary of the section 79(4)(a) figure, a sensitivity table, and the documents we relied on, so non-lawyer participants can read it in the room. If the matter later goes to Court, the underlying report is admissible without re-work.

Question 28

Can both parties jointly instruct us for mediation?

Accepted Answer

Yes, and we encourage it. Joint instruction halves the cost, eliminates duelling-expert risk, and gives the mediator a single number to work from. We accept joint instructions from solicitors, accredited family-dispute-resolution practitioners, and the parties directly.

Question 29

How quickly can a mediation report be turned around?

Accepted Answer

A Mediation Support Pack is typically delivered within 5 business days of receiving complete information; expedited 3-business-day turnaround is available for matters with a confirmed mediation date, subject to capacity. Fees are agreed in writing before any work begins.

Answers to the questions separating couples and their lawyers ask us most.

Credentials, assumptions, limitations & mediation use

Expert-witness credentials

Assumptions we use (and disclose)

Known limitations

Use in mediation