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DBA Lawyers’ Annual Update Service for SMSF deeds

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]

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Advantages of ordering unit trusts from DBA Lawyers

Daniel Butler ([email protected]), Director, DBA Lawyers   This article highlights the value of ordering unit trust documents from a law firm with the relevant expertise such as DBA Lawyers. DBA Lawyers has always focused on providing quality documents and solutions instead of competing with other document suppliers on pricing (especially non-qualified and non-expert suppliers). In the [read more]

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Is an alternate director for an SMSF better than a successor director? Part 2

Daniel Butler ([email protected]), Director, DBA Lawyers We compare the option of a director nominating an alternate director in contrast to nominating a successor director in a self managed superannuation fund (‘SMSF’) context to determine which is better. In Part 1 of our series, we considered how alternate directors are problematic in an SMSF context. In [read more]

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The trustee–member rules explained: Part 1

By Kimberley Noah ([email protected]), Lawyer, and William Fettes ([email protected]), Senior Associate, DBA Lawyers The trustee–member rules are one of the most fundamental concepts underlying the operation of self managed superannuation funds (‘SMSF’). These rules are found in s 17A of the Superannuation Industry (Supervision) Act 1993 (Cth) (‘SISA’) and form part of the key conditions that [read more]

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Family Law SuperSplitting Documents for SMSFs

By: Daniel Butler, Director, DBA Lawyers ([email protected]) DBA Lawyers, working in consultation with Australia’s leading SuperSplitting legal expert Stephen Bourke, prepares Family Law SuperSplitting documents for SMSFs. We prepare a suite of draft documents based on the instructions for an SMSF member undertaking a superannuation split. The documents are tailored to the member’s circumstances and [read more]

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Work test exemption passes without bring-forward rule complications

By William Fettes ([email protected]), Senior Associate and Daniel Butler ([email protected]), Director, DBA Lawyers The work test exemption (‘WTE’) allows individuals aged 65 to 74 to make voluntary contributions to superannuation for an additional 12-month period from the end of the financial year in which they last met the work test, subject to their total superannuation [read more]

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Is an alternate director for an SMSF better than a successor director? Part 1

Daniel Butler ([email protected]), Director, DBA Lawyers We compare the option of a director nominating an alternate director in contrast to nominating a successor director in a self managed superannuation fund (‘SMSF’) context to determine which is better. We also provide a brief comparison table below to support our view that alternate directors are not of [read more]

What disqualifies you from having an SMSF?

Daniel Butler ([email protected]), Director, DBA Lawyers This article covers the main ways a person becomes a disqualified person, the consequences of disqualification and the options available to those who are disqualified. (We refer to a trustee in this article as covering both individual trustees of an SMSF and directors of SMSF corporate trustees.) The ATO [read more]

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Important Supreme Court decision provides further guidance on binding death benefit nominations

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]