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Author Archive | Shaun Backhaus

About Shaun Backhaus

Here are my most recent posts

Can-a-surviving-spouse-claim-their-deceased-spouses-super-when-they-are-also-the-executor-of-their-estate

Can a surviving spouse claim their deceased spouse’s super when they are also the executor of their estate?

Shaun Backhaus), Lawyer ([email protected]) and Daniel Butler, Director ([email protected]), DBA Lawyers  The recent case of Gonciarz v Bienias [2019] WASC 104 (‘Gonciarz’) continues a line of cases that consider the conflict that arises where a person acts as executor or administrator of a deceased estate while also applying to receive superannuation death benefits in their [read more]

DBA Network SMSF Podcast

Introducing the DBA Network SMSF Podcast — The perfect addition to your professional development

DBA Network Pty Ltd is proud to present its latest offering: The DBA Network SMSF Podcast. DBA Network Pty Ltd will be releasing a Podcast each month where at least one key issue facing the SMSF industry will be discussed. This includes things such as: Legislative and regulatory developments Latest SMSF cases Analysing SMSF strategies [read more]

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Can a trustee be liable for a member’s tax debt?

Shaun Backhaus ([email protected]), Lawyer and William Fettes ([email protected]), Senior Associate, DBA Lawyers This article discusses the case of Commissioner of State Revenue v Can Barz Pty Ltd & Anor [2016] QCA 323. Broadly, this case deals with the ability of the Commissioner to recover a member’s tax debts from money that is payable to the trustee [read more]

Text sign showing Time For Review. Conceptual photo Evaluation Feedback Moment Performance Rate Assess Red bordered white page centered some texts wooden desk pen pencil.

Review of Early Release of Superannuation Benefits

By Shaun Backhaus ([email protected]), Lawyer and Bryce Figot([email protected]), Special Counsel, DBA Lawyers Background On 21 November 2018 Treasury released a paper with findings and draft proposals from its review into the rules governing the early release of superannuation benefits. Treasury is currently seeking views from interested stakeholders. This review was carried out in light of [read more]

complaints department road sign illustration design over a white background

Update on the Australian Financial Complaints Authority(AFCA)

By Shaun Backhaus ([email protected]), Lawyer and Daniel Butler([email protected]), Director DBA Lawyers In our previous article on AFCA we explained the background to AFCA’s establishment, what disputes it would apply to and how it would differ from the external dispute resolution schemes it replaced, such as the Financial Ombudsman Service. For further information please refer to [read more]

trust concept agreement with hand hold pencil signing paper document on clipboard on wood table

DBA Lawyers’ discretionary trust –– managing the extra duty and land tax surcharges on foreigners

By Shaun Backhaus, Lawyer and Daniel Butler , Director DBA Lawyers DBA Lawyers can supply a discretionary trust deed to exclude foreign persons from being beneficiaries. We do not automatically exclude foreign persons as this may exclude beneficiaries forever and may have substantial long-term implications. Moreover, with eight different jurisdictions with different legislation and with [read more]

Modern Way Of Exchange And Bit

Can SMSFs invest in Bitcoin?

Shaun Backhaus, Lawyer and Daniel Butler, Director, DBA Lawyers  While there are a large number of cryptocurrencies in existence (currently over 1600), this article will focus on Bitcoin for simplicity. Our comments contained here may apply to other cryptocurrencies with the same characteristics as Bitcoin. What is Bitcoin? As a very basic explanation, the Bitcoin [read more]

Complaints at customers service fill in complaint form and leave

Financial Ombudsman Service soon to be replaced with the Australian Financial Complaints Authority

By Shaun Backhaus, Lawyer and Daniel Butler, Director DBA Lawyers Financial Ombudsman Service The Financial Ombudsman Service (‘FOS’) is an industry body that resolves disputes between consumers and financial services providers that are members which operate in Australia. FOS is self-regulated by industry members with its costs met by the financial services providers. FOS’s dispute resolution [read more]