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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.

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.


APG Regional Regulatory Guide to Asset Management in Asia-Pacific

We collaborated with the ASEAN Plus Group in their inaugural issue of this guide to map the latest state-of-play in the asset management sector across some of the regional group’s jurisdictions, including Australia.

Download the guide

Recent Posts

21 November 2022 - Knowledge

Section 249E strikes again raising questions as to successor fund transfers in NSW

#Superannuation, Funds Management & Financial Services

A concern for all superannuation trustees, the NSW Supreme Court in Application of MLC Investments Limited [2022] NSWSC 1541 provided its second decision on section 249E of the Crimes Act 1900 (NSW).

16 November 2022 - Knowledge

Mortgage Aggregators: are you ready to defend your broker relationships from payroll-tax and superannuation reviews?

#Taxation, #Superannuation, Funds Management & Financial Services

Revenue authorities are increasing their scrutiny of industries with independent contractors being engaged – from University lecturers to delivery drivers. This article looks at the relationships between mortgage aggregators and their independent contractor arrangements with mortgage brokers. Direct parallels can probably be drawn with the insurance industry and share trading brokers.

08 November 2022 - Knowledge

Superannuation monthly update – October 2022

#Superannuation, Funds Management & Financial Services

A summary of key superannuation news, cases and legislative developments in October.

12 October 2022 - Knowledge

Federal Court clarifies requirement for breach of conflicted remuneration provisions

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

A recent Federal Court decision held that breaching the conflicted remuneration provisions under the Corporations Act requires a genuine conflict of interest, rather than a conflict of interest arising from commercial dealings.

18 September 2022 - Knowledge

Recent Victorian Court of Appeal decision a warning to trustees of discretionary trusts

#Private Client Practice, #Superannuation, Funds Management & Financial Services

The Court has removed a trustee from a family discretionary trust after finding they failed to give ‘real and genuine’ considerations to two beneficiaries when distributing income.

14 September 2022 - Knowledge

Audit negligence can be a criminal matter

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

For the third time, the Australian Securities and Investments Commission has brought criminal proceedings against an accounting firm and its auditors for failing to comply with audit standards.

24 August 2022 - Knowledge

ASIC announces priorities for 2022-2026

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

The Australian Securities and Investments Commission (ASIC) has released its latest Corporate Plan, outlining its strategic priorities for the next four years. The Corporate Plan provides transparency on the regulator’s approach to new trends and initiatives in the financial market, and insights into how the regulator will effectively tackle product design and distribution, sustainable finance, retirement decision-making and technology risks over the coming years.

10 August 2022 - Knowledge

Climate change risk reporting – what can we expect?

#Planning, Environment & Sustainability, #Renewable Energy, #Superannuation, Funds Management & Financial Services

Australian companies currently do not need to report on their climate-related financial risks. With a growing appetite among investors, what can companies expect to see if Australia introduces mandatory sustainability reporting requirements?

05 August 2022 - Knowledge

Superannuation monthly update – July 2022

#Superannuation, Funds Management & Financial Services

A summary of key superannuation news, cases and legislative developments in the past month.

13 July 2022 - Knowledge

ESG investing – ASIC releases new ‘greenwashing’ guidance

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

ASIC has released guidance setting out the main risks relating to ‘greenwashing’ sustainability-related investments, products and services and what those who offer such products can do to avoid it.

13 July 2022 - Knowledge

Superannuation monthly update – June 2022

#Superannuation, Funds Management & Financial Services

A summary of key superannuation news, cases and legislative developments in the past month.

05 July 2022 - Knowledge

High Court ruling clears up SMSF binding death benefit nomination question

#Private Client Practice, #Superannuation, Funds Management & Financial Services

A recent High Court decision confirms that self-managed superannuation fund (SMSF) members do not need to follow the binding death benefit nomination requirements prescribed in regulation 6.17A of the Superannuation Industry (Supervision) Regulations.