The recent Federal Court case of Lynn v Australian Financial Complaints Authority [2025] FCA 175 involved a legal challenge to a determination made by the Australian Financial Complaints Authority’s (AFCA) on payment superannuation death benefits from a large public-offer fund. The case provides useful guidance on AFCA’s role in handling death benefit complaints, the grounds [read more]
DBA Lawyers is pleased to announce our new suite of legacy pension commutation documents. Pursuant to the amnesty provisions, these documents allow for a member to fully commute the following types of legacy pensions within the prescribed 5-year amnesty period (7 December 2024 – 6 December 2029): a complying lifetime pension (CLP) (ie, a pension [read more]
This article provides important background context on why SMSF trustees may wish to consider using the ATO’s early engagement and voluntary disclosure service to notify the ATO regarding contraventions of the Superannuation Industry (Supervision) Act 1993 (SISA) or Superannuation Industry (Supervision) Regulations 1994 (SISR). As outlined in this article, there can be significant advantages to [read more]
The identification and rectification of missing or deficient documentation concerning SMSFs, trusts, and companies are critical matters and expert input is essential. DBA Lawyers regularly handles assignments that involve thorough document trail reviews as well as confirmation and/or ratification of previous documents. We are one of the few firms who provide such remedial review services [read more]
Overview In today’s market, there are numerous options available for obtaining legal documents such as SMSF, company and trust deeds and related documents (Legal Documents). This article explores the advantages and disadvantages of sourcing documents from a non-legally qualified supplier (Non-Qualified Supplier) compared to a law firm. In this article, we aim to provide relevant [read more]
This article is part of a series on SMSF succession planning. In Part 2, we explored the important role of binding death benefit nominations (BDBNs). In Part 3, we examine tax considerations for superannuation death benefits, as well as planning options for arranging a timely payment of benefits to the member before their death. Income [read more]
This article is part of a series on SMSF succession planning. In Part 1, we explored the key elements of a robust SMSF succession plan with a particular focus on planning for loss of capacity or death. In Part 2, we focus on the important role of binding death benefit nominations (BDBNs). What is a [read more]
The High Court in Hill v Zuda held that ‘reg 6.17A has no application to an SMSF.’ Accordingly, SMSF deeds have a great deal of flexibility as to what they do and do not allow. If they are so drafted, SMSF deeds can allow BDBNs that can override any inconsistent pension documentation. This then begs the question: [read more]
This article is the first in a series on SMSF succession planning. In Part 1, we examine the key characteristics of a sound SMSF succession plan including in relation to planning for control of the fund to pass into trusted hands in the event of a member’s death or loss of capacity. Introduction For many [read more]
Many advisers favour automatically reversionary pensions (ARPs) as a popular strategy for SMSF succession planning. Indeed, in recent times, ARPs have gained prominence and have often been seen as the default choice by many. For instance, some focus on the 12-month deferral of the transfer balance account (TBA) credit for the reversionary beneficiary, with the [read more]
