This article explores the impact on negatively geared SMSFs from: the new limited recourse borrowing arrangement (LRBA) related party interest rates; and the changes in the 2026–27 Budget. New LRBA related party interest rates Many SMSFs that borrow do so from a related party lender. In this case, SMSFs often choose to replicate the safe [read more]
A discussion about capacity to make decisions can focus on what control means, how it can be maintained with assistance, and what the client wants to happen when decision-making capacity is lost. Such discussions can be used to equip individuals with the mechanisms to preserve control and agency, whilst taking advantage of assistance and delegation [read more]
On 30 June 2026, Parliament passed important amendments to section 17A of the Superannuation Industry (Supervision) Act 1993 (Cth) (SISA) as part of the Treasury Laws Amendment (Delivering an Efficient and Trusted Tax System) Bill 2026 (Bill). What are the trustee/member rules Section 17A of the SISA sets out the rules that determine whether a superannuation [read more]
DBA Lawyers latest SMSF governing rules and related documents include many value-added features. This article briefly explains why our SMSF documents are the best available. Recent changes to DBA Lawyers’ SMSF governing rules Our latest DBA Lawyers’ SMSF governing rules (version 2026-27) includes the following updates: powers surrounding management and provision of information for the [read more]
The Albanese Government’s deal with the Greens to secure passage of the first tranche of its major tax changes has placed limited recourse borrowing arrangements (LRBAs) back in the spotlight. We outline below the press releases in which both parties reached agreement on changes to the LRBA rules, and discuss the amendment moved by Senator [read more]
A recent court decision held that a change of director in a company could give rise to duty on the value of any dutiable property held by trustee of a unit trust. After the unfavourable Victorian Civil and Administrative Tribunal (VCAT) decision in Tao v Commissioner of State Revenue (Review and Regulation) [2024] VCAT 637, [read more]
Background Anyone with a total superannuation balance (TSB) over $3 million no doubt will be aware of the new Division 296 tax. Indeed, anyone who even thinks that they might one day have such a TSB will probably be aware. Division 296 tax will come into effect on 1 July 2026. Significant Division 296 tax [read more]
As the end of financial year (EoFY) approaches, trustees and their advisers need to be aware of their trust obligations to ensure ongoing compliance and to manage tax liabilities. The ATO has released a list of tips designed to assist with this process, which can be found here. We cover the key parts of the [read more]
Yesterday, the High Court handed down its decision in FCT v Bendel [2026] HCA 18. FCT v Bendel [2026] HCA 18 represents the ATO’s appeal of a 2025 decision of the Federal Court of Australia (Full Court) of the same name. Last year, we considered the impact of the 2025 decision. Accordingly, now, we want [read more]
Lin v Yim & Anor [2026] QSC 57 – when superannuation benefits cease being ‘super’ The recent Queensland Supreme Court decision in Lin v Yim & Anor [2026] QSC 57 highlights the importance of properly integrating SMSF succession with broader estate planning. This case involved an SMSF member who, shortly prior to death, implemented an [read more]
