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DBA Network SMSF Podcast

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

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]

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

Joseph Cheung ([email protected]), Lawyer and 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 [read more]

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

By Christian Pakpahan, Lawyer and Daniel Butler, 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 [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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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]

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The legal minefield of BDBNs (updated)

Binding death benefit nominations have numerous points of failure as evidenced by recent litigation. To implement BDBNs properly there must be a strong deed foundation, precise and careful wording, and ideally no service or notification requirements. Additionally, the nomination should also be integrated as part of the member’s succession and estate planning. [read more]