Our experienced Superannuation legal team regularly publishes articles and updates - the full list of publications appears below. These publications provide a snapshot of the latest legislation, court cases, policy changes and contentious issues affecting superannuation. If you'd like to be notified when we add new superannuation publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.
Read about Allens Arthur Robinson's track record in this dynamic area.
- 10 August 2011
Focus: Fiduciary duties of superannuation fund trusteesThe New South Wales Court of Appeal has recently confirmed that the fiduciary duties owed by the trustee of a superannuation fund under section 52(2)(b) and (c) of the Superannuation Industry Supervision Act 1993 (Cth) do not materially extend beyond the general law fiduciary duty to act in the best interests of fund members. Partner John Morgan, Senior Associate Simon Lewis and Lawyer Patricia Abordo report on a case where a member of a superannuation fund alleged that the fund's trustee breached its fiduciary duties by entering into an insurance policy that allegedly provided less advantageous disability benefits to him than those under the fund's previous policy
- 22 June 2011
Focus: Changes to deductibility of TPD insurance costs for superannuation fundsRecent amendments to the Income Tax Assessment Act 1997 establish a simplified regime for regulated superannuation funds wishing to claim tax deductions for the cost of total and permanent disablement insurance for the 2011-12 and later income years. The scope of the current transitional relief that applies for the income years from 2004-05 to 2010-11 has also been expanded to cover self-insured funds. Partner Mark Cerche, Senior Associate Larissa Macpherson and Lawyer Brendan Wood report
- 03 May 2011
Focus: Government announces further financial advice reformsThe Federal Government has announced further details regarding its proposed Future of Financial Advice reforms regarding the provision of simple, limited personal advice to superannuation fund members. There are also some noteworthy new elements to the reform package. Partner Mark Cerche, Senior Associates Larissa Macpherson and Geoff Sanders and Lawyer Brendan Wood report
- 13 July 2010
Audio: Long road ahead for MySuperThe highly anticipated Cooper Review into superannuation was released last week. Partner Mark Cerche speaks to Boardroom Radio about the review's recommendations, including the MySuper default product, and what the next steps are in the Cooper Review process
- 10 June 2010
Focus: Super fund trustee's denial of total and permanent invalidity claim upheldThe Court of Appeal of Victoria has upheld a superannuation fund trustee's decision rejecting a member's claim for total and permanent invalidity benefit, and considered the principles the courts apply when reviewing a trustee's decision. Partner Michael Quinlan and Lawyer Catherine Zahra report.
- 23 April 2010
Audio: MySuper goes back to the futureThe second preliminary report stemming from the Cooper Review was released this week. Partner Mark Cerche speaks to Boardroom Radio about the structural changes to the MySuper fund proposed by the report and what it means for fund trustees
- 01 December 2009
Focus: Superannuation fund trustee's obligations in total and permanent disablement claimTwo recent New South Wales Supreme Court decisions, looking at a superannuation trustee's liability to pay interest and costs on the late payment of a total and permanent disablement benefit, have important ramifications for the appropriateness of a trustee conducting a vigorous defence of its conduct, the rate of interest to be applied when there is an alleged breach of trust, and when the trustee rate of interest should be applied. Partner Michael Quinlan and Lawyer Catherine Zahra report.
- 21 April 2005
Focus: SuperannuationEmployers will need to comply with the provisions of the new choice of superannuation fund legislation from 1 July this year. Senior Associate Lois Dannecker outlines some of the requirements
- 27 October 2004
Focus: SuperannuationEmployers and trustees of superannuation funds should make themselves aware of new superannuation legislation requirements, which aim to enable employees to choose the fund to which their employer is to make their compulsory contributions. Senior Associate Lois Dannecker reports
- 13 July 2004
Client Update: APRA guidance notes now finalisedAPRA has now released final versions of the Superannuation Safety legislation guidance notes
- 12 July 2004
Focus: SuperannuationThe purpose of the new Superannuation Safety Amendment Act 2004 is to strengthen the existing prudential framework in the superannuation industry. Trustees should make themselves aware of the new requirements, report Senior Associate Lois Dannecker and Lawyer Priya Sivakumaran
- 14 May 2004
Focus: SuperannuationThe Federal Treasurer is expected to release draft regulations shortly on two major retirement income stream reforms that were announced in February this year. One reform will encourage the introduction of new income stream products and create new opportunities for superannuation providers. The other will change current asset test exemptions and make existing products for complying income streams less attractive. Senior Associate Lois Dannecker looks at the proposed reforms
- 07 August 2003
Focus: SuperannuationLawyer Larissa Macpherson looks at the results of the appeal in the Asgard case, which held that trustees could not properly pay benefits at the direction of members
- 20 December 2002
Focus: SuperannuationAmendments to the Family Law Act and related legislation that superannuation be treated as communal property, means that superannuation funds must play a formal part in the process of splitting superannuation benefits on the breakdown of a member's marriage, as Senior Associate Lois Dannecker explains
- 05 December 2002
Focus: SuperannuationPartner Heather Gray looks at a recent Federal Court decision that considered whether trustees can pay benefits at the direction of members, rather than directly to the members themselves
- 15 April 2002
Focus: SuperannuationExecutives who come to Australia on temporary visas from overseas cannot currently access their accrued superannuation entitlements when they go home. But the situation is about to change, as Allens Arthur Robinson Partner Heather Gray explains
