Superannuation:
DBA is heavily focused in the area of superannuation. We can provide you with practical and commercially-realistic advice for all superannuation legal queries. We draw upon our succession planning and taxation expertise to ensure that you will not just comply with the law, but also maximise and protect your wealth.
We regularly advise on SMSFs, pensions, other types of superannuation, and superannuation litigation.

SMSFs
DBA is widely recognised as the leading Australian law firm in SMSFs. We work primarily with members’ retirement and succession planning, as well as providing legal advice and services on all legal aspects relating to SMSFs.

The DBA SMSF deed is considered is one of the best available, offering maximum flexibility. DBA supplies SMSFs deeds throughout Australia. For some frequently asked questions about the features of DBA’s deed, click here.

Pensions
We advise on (and document) all types of pensions. We carefully link pension strategies with your succession plans and other goals. If needed, we can then update your Will and related documentation. We also offer a range of pension products.

Other types of superannuation
While DBA is focused on SMSFs, we also provide legal advice and services on legal aspects relating to other superannuation funds including Small APRA Funds, employer, industry, public offer and Government funds. We can assist in developing a members’ retirement/strategy plan and link it to their succession plan.
Litigation
We provide services in litigation cases involving superannuation disputes. We also often assist with litigation conducted by other law firms who seek to utilise our superannuation and tax expertise.

Succession Planning:

Estate Planning

DBA harnesses the expertise of its lawyers to provide a well-rounded estate and succession planning service. These services include:

• advice on tax effective family and estate planning;
• preparing a range of Wills especially those incorporating testamentary trusts;
• enduring financial/medical/guardianship powers of attorney;
• business succession planning including buy-sell agreements;
• advice on succession to family companies, trusts, partnerships and superannuation funds;
• discretionary versus binding death benefit nominations for superannuation interests;
• advice on superannuation death payments and advice on self managed superannuation fund succession strategies; and
• structuring assets and asset protection advice.

Tax, Superannuation & Related Services

Our estate planning services have regard to taxation, superannuation, asset protection, and general legal considerations. DBA has considerable experience in drafting Wills incorporating testamentary trusts and other legal documents including deeds of succession to family or discretionary trusts and Enduring Powers of Attorney. We also provide as part of our practice family trusts, unit trusts, superannuation funds, and buy-sell agreements. We advise on a broad range of taxation and superannuation issues relating to estate and succession planning.

As there are considerable opportunities for wealth to transfer outside a person’s estate, we also cover these issues with our clients in an estate planning assignment. For example, we explain the importance of such matters as joint ownership of property and other means of transferring wealth from one generation to another upon death in the most tax effective manner.

Charities

DBA regularly advises on charities and not for profit organisations. There are now a range of methods and structures available to those who wish to make a charitable gift as part of their estate planning. Click here for more information.

A Tailored Solution

We utilise different types of Wills and methods of advising on various estate planning and succession strategies. Invariably there is considerable drafting of Wills to suit each client’s particular circumstances and wishes. A testamentary trust Will is not a standard document where ‘one size fits all’. We have numerous variations and different strategies for handling different scenarios. A Will with a testamentary trust must be carefully implemented, as there are advantages and disadvantages of using such documents.

Industry Leaders

DBA’s lawyers regularly present at industry and professional seminars on estate and succession planning. These include presentations at DBA Network’s quarterly workshops – click here for more information.

EPS National Legal Network

DBA is part of a national legal group which operates as the Estate Planning Specialists. This group provides us with considerable resources to provide a national solution in each of Australia’s capital cities. This group’s objective is to be the leading legal network in estate planning solutions. The experience and expertise of the practitioners and firms behind this group is considerable. The interstate firms in the EPS network are listed on our web-site.

Trusts

We advise on and prepare a wide range of trusts to help achieve your succession planning goals. We have also assisted various legal cases challenging and defending trusts structures and deeds.

We regularly establish trusts for a wide range of advisers and clients throughout Australia.

Trusts:

Taxation & Agreements:

TAXATION

DBA has a unique tax practice which combines the expertise of lawyers who work on a wide range of transactions and tax issues. Our tax services include:

• advice on Federal and State taxes including income tax, CGT, GST, FBT, stamp duty and land tax;
• advice on the taxation of superannuation funds, ETPs, pensions, termination of employment and salary sacrifice arrangements;
• advice on tax effective estate and business succession planning, including preparation of testamentary trust Wills and buy-sell agreements;
• establishing and restructuring a business tax effectively;
• acquiring and selling a business (including tax planning regarding GST, stamp duty and CGT concessions);
• provision of legal documents to support tax effective structures and transactions;
• advice on making tax effective investments;
• preparation of reasonably arguable position (‘RAP’) opinions, requests for rulings, objections and appeals; and
• legal representation in court proceedings and ATO audits.

We have experience in the Federal and State Courts as well as the Administrative Appeals Tribunal on a range of tax related matters. Our lawyers have also acted on numerous occasions as expert witnesses in litigation matters involving taxation and superannuation issues.

Support Service

These days many accountants and financial advisers are too busy to investigate and research tax issues. This is where you can use DBA to free-up your resources and get the task done more efficiently.

You may simply wish to discuss your query with one of our tax lawyers or have a meeting to discuss your analysis and ideas. We think beyond the square and provide a different perspective to your client’s problem.

Quality & Practical Solutions

The DBA tax team is a small practice of senior, highly qualified advisers. Our key strengths are the depth of our experience, our focus, dedication and commitment to our clients and ability to offer personalised service at a reasonable price.

Our team continually upgrade their skills in view on ongoing changes and includes several members who have extensive experience in numerous chartered accounting firms.

Furthermore, we are in a great position to assist advisers and businesses with quality and timely solutions. This is why we understand our clients better and deliver value-added services.

Team Work

We take pride in everything we do. Our people work as a team, having the resources to service the needs of both small to medium enterprises, advisers and individuals. The DBA tax team is proactive in representing the interest of the community and our clients by regularly contributing to numerous professional and industry bodies (including the TIA, ICAA and NTAA) on tax reform.

Commitment

We invest a significant amount of time in regular training and professional development of our tax team. Our lawyers regularly present at seminars, attend tax discussion groups and participate in a number of professional bodies and committees. This involvement demonstrates our commitment to ensuring we provide the highest level of service to our clients.

Companies:

• Superannuation
• Succession Planning
• Taxation
• Business
• Related Services