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Superannuation, Funds Management & Financial Services

Through actual superannuation fund board experience, we are conscious of the need for our input to add real value.

Superannuation, Funds Management & Financial Services

Our team is among the most experienced in Australia. Our lawyers have experience across the financial services spectrum, including in relation to managed funds, superannuation, insurance, custody, registry and administration. Our deep understanding of the sector means we can deliver advice that is timely, practical and cost-effective, because we can anticipate not only the regulatory and technical issues that may arise, but also be mindful of the political and competitive environment.

Expertise

  • compliance and regulatory issues
  • trust deed and constitution interpretation, reviews and amendments
  • governance issues, including director and trustee duties
  • fund establishments, restructures, mergers, rationalisations and closures, including successor fund transfers and transfers and amalgamations of life insurance business
  • acquisitions and disposals
  • insurance policy review, policy drafting and negotiation, and takeover arrangements
  • insurance claims and disputes, including death benefit allocations, total and permanent disability benefit claims, Superannuation Complaints Tribunal complaints and superannuation-related litigation
  • financial product development
  • financial advice and product distribution
  • investment, including direct investments, derivatives trading, infrastructure and property funds
  • communications and disclosures, including product disclosure statements, prospectuses, and periodic disclosure
  • licensing
  • breach reporting and other liaison with regulators regarding audits and investigations, compliance issues and queries.

We have collaborated with ASEAN Plus Group on FinTech. Click here to view the APG guide to the Regulation of Payment Services in Asia-Pacific.

Experience

  • experience advising large superannuation funds in relation to their investments in Australia and offshore and associated corporate and commercial issues
  • advice to trustees in respect of important operational fund documents such as trust deeds, administration agreements and custodian agreements.

Recent Posts

22 February 2021 - Knowledge

Inside track: Superannuation, Funds Management & Financial Services

#Superannuation, Funds Management & Financial Services

In what represents a hook in the Government’s Your Future Your Super legislation, it has moved to impose portfolio holdings requirements on superannuation funds.

10 February 2021 - Knowledge

When the general becomes personal – Westpac, ASIC and the meaning of personal advice

#Superannuation, Funds Management & Financial Services, #Dispute Resolution & Litigation

The High Court has clarified what constitutes personal financial product advice in an important decision for the financial services industry and retail consumers.

09 February 2021 - Knowledge

Superannuation monthly update – December 2020 & January 2021

#Superannuation, Funds Management & Financial Services

In this edition, we provide a summary of key superannuation news and developments in Australia from December 2020 to January 2021.

08 February 2021 - Knowledge

Inside track: Superannuation, Funds Management & Financial Services

#Superannuation, Funds Management & Financial Services

A Parliamentary Committee has questioned why financial advisers should face the risk of five years’ jail for record-keeping failures under legislation flowing from the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services due to be debated by the Parliament.

25 January 2021 - Knowledge

Inside track: Superannuation, Funds Management & Financial Services

#Superannuation, Funds Management & Financial Services

Industry superannuation funds have backed the deduction of one-off advice fees from superannuation balances at the same time as arguing for an extension of the ability to provide advice around household retirement adequacy and pension eligibility.

01 December 2020 - Knowledge

Superannuation monthly update – November 2020

#Superannuation, Funds Management & Financial Services

In this edition, we look at the draft legislation recently announced under the ‘Your Future, Your Super’ package and discuss some of the issues concerning the best financial interests legislation.

01 December 2020 - Knowledge

Inside track: Superannuation, Funds Management & Financial Services

#Superannuation, Funds Management & Financial Services

The Australian Securities and Investments Commission (ASIC) has taken the unusual step of pursuing civil proceedings in the Federal Court to enforce the terms of an enforceable undertaking on a Gold Coast-based self-managed superannuation fund (SMSF) accountant.

17 November 2020 - Knowledge

Inside track: Superannuation, Funds Management & Financial Services

#Superannuation, Funds Management & Financial Services

Consumers and small businesses will be further protected under a package of legislation introduced into the Parliament by the Morrison Government.

04 November 2020 - Knowledge

Superannuation monthly update – October 2020

#Superannuation, Funds Management & Financial Services, #COVID-19

In this edition, we wrap-up key news, legislation, cases and other developments in superannuation in October.

03 November 2020 - Knowledge

Inside track: Superannuation, Funds Management & Financial Services

#Superannuation, Funds Management & Financial Services

The Government’s superannuation performance test proposal needs to define ‘underperformance’ or it could have unintended consequences and undermine the super system, the Association of Superannuation Funds of Australia believes.

20 October 2020 - Knowledge

Federal Court confirms broad reach of superannuation guarantees to personal service contractors

#Workplace Relations & Safety, #Superannuation, Funds Management & Financial Services

A Full Federal Court decision has confirmed that employers may be required to make superannuation contributions, even if an independent contractor is not an employee under common law.

19 October 2020 - Knowledge

Inside track: Superannuation, Funds Management & Financial Services

#Superannuation, Funds Management & Financial Services

ASIC has obtained interim orders and injunctions from the Federal Court of Australia against Mr David Murphy, Mr Anastasios Mavroulis, Mrs Kewa Ruwhiu and Mr Mathew Ruwhiu (the defendants) and Debts Knockout Pty Ltd (Debts Knockout) in relation to unlicensed financial services.