DBA Network is proud to present its latest offering: The DBA Network SMSF Podcast. DBA Network 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 Solving the mystery of [read more]
By Christian Pakpahan, LawyerandDaniel Butler, Director,DBA Lawyers The Financial Adviser Standards and Ethics Authority (‘FASEA’) has finalised the acceptable pathways that advisers can take to meet FASEA’s education standards. We outline below how existing and prospective advisers can meet FASEA’s education standards under the Australian financial services licence (‘AFSL’) regime. Each adviser should consider their [read more]
This article covers the CPD obligations on licensed advisers and licensees that are covered by the Australian financial services licence (‘AFSL’) regime. [read more]
By William Fettes,Senior Associate,([email protected]), DBA Lawyers The website for DBA Lawyers’ Annual Update Service has been updated with a number of improvements for subscribers, including a fully integrated user experience for those clients who are registered with DBA Online— our online ordering platform. This article sets out the numerous benefits and features of the service [read more]
Congratulations to Bryce Figot, Special Counsel of DBA Lawyers, for his selection by his peers for inclusion in the 12th Edition of The Best Lawyers in Australia. For the full list, see https://www.bestlawyers.com/current-edition/Australia [read more]
The decision in Re Marsella [2019] VSC 65 highlights the importance of trustees of SMSFs exercising their discretion to pay death benefits in good faith, with real and genuine consideration and in accordance with the purpose for which their power was conferred. [read more]
Daniel Butler, Director ([email protected]) and Shaun Backhaus, Lawyer ([email protected]) The next Federal election, according to our current Prime Minister Mr Scott Morrison, will be held in May 2019 and, if the Labor Government is elected, significant change is likely. Thus, a brief ‘stock take’ of what the superannuation landscape will look like under a Labor Government [read more]
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]
By: Daniel Butler, Director ([email protected]), DBA Lawyers The decision of D18-19\002 is what we understand to be the first decision of a court or tribunal requiring a trustee of a superannuation fund to refund fees debited to a member and paid to financial advisers who did not provide any services to the member. Background The [read more]
By: Daniel Butler, Director ([email protected]) and Bryce Figot, Special Counsel ([email protected]), DBA Lawyers The recent decision by the Supreme Court of Queensland in the case of Re Narumon Pty Ltd [2018] QSC 185 (‘Narumon’) again confirms the importance of having a quality SMSF document supplier. More specifically, it shows how poorly drafted binding death benefit nomination [read more]
