Our Superannuation team advises corporate, industry and self managed superannuation fund trustees, members and their employers across all legal issues relating to superannuation funds and member entitlements.

We also provide legal support to accountants, financial planners, superannuation fund administrators and risk advisors for superannuation law matters.

Expertise

We provide legal advice and support in the following superannuation related areas:

  • trust deed preparation and updating, trustee retirement and appointment
  • establishment of pensions, creation of binding death benefit nominations, and fund benefit design
  • fund restructures, mergers, wind-ups and transfers including successor fund transfers
  • benefit payment issues, death and TPD claims and disputes
  • advice on taxation of contributions and earnings
  • taxation disputes and controversy, including tax objections, appeals to the Administrative Appeals Tribunal and Federal Court
  • superannuation borrowing arrangements
  • documenting and advice transactions with superannuation funds (lending, in specie contributions, bespoke pension agreements and nominations)
  • ATO and APRA audits
  • choice of fund, superannuation guarantee obligations, salary sacrifice arrangements and employment termination payments advice

Experience

Our experience in the superannuation law area is extensive. It includes

  • advising on, liaising with banks, and documenting arrangements in conjunction with self-managed superannuation funds undertaking borrowing arrangements under the superannuation legislation.
  • reviewing proposed borrowing arrangements being offered to unit trusts associated with superannuation funds for compliance with the in-house asset rules.
  • undertaking the establishment and advice on non-geared unit trusts owned by super funds and others.
  • providing advice on the ability of self-managed superannuation funds to undertake property developments and joint ventures.
  • advising business owners on the availability of superannuation related CGT rollovers, and other strategies to maximise superannuation contributions as part of a business restructure or sale.
  • advising on types of insurances capable of being held by self-managed superannuation funds.
  • providing estate planning and succession advices on numerous intergenerational planning arrangements involving self-managed superannuation funds and limited recourse borrowing arrangements.
  • providing comprehensive estate planning advice covering superannuation entitlements, including tax and asset protection implications (involving bankruptcy of members, claw back rules, etc), the establishment of pensions, and the implementation of binding (lapsing and non-lapsing) death benefit nominations.
  • providing trustee training and advice in relation to trustees' fiduciary obligations in decision making including death benefit claims and advising trustees and auditors of self managed funds in relation to permissible investments and activities of those funds
  • advising the trustee of a large corporate superannuation fund on all aspects of winding up the fund and liquidating assets following an employer being put into liquidation.
  • advising trustees and employers in relation to all aspects of surplus ownership, benefit design, reviewing documentation and providing advice in respect of the transfer of employees from the defined benefit to accumulation sections of larger super funds.