Advanced search

Top Navigation

Will the High Court uphold that an SMSF BDBN can last indefinitely?

In this episode of the DBA Lawyers Podcast, Zacharia Galloway, Lawyer and Daniel Butler, Director, discuss the upcoming appeal to the High Court to consider the decision of Hill v Zuda Pty Ltd [2021] WASCA 59 (Hill v Zuda).

In Hill v Zuda, the Western Australia Court of Appeal appeared to have settled the debate and confirmed that an SMSF BDBN can last indefinitely provided that the deed for the SMSF was written appropriately. The Court of Appeal stated in it’s decision that it was sound law “until such time as the decision is overruled by the High Court”. This decision will now go before the High Court who will ultimately decide whether a BDBN can be indefinite or whether it is subject to the Superannuation Industry (Supervision) Act and Regulations, requiring a BDBN to lapse after 3 years.

Zac and Dan discuss the possible outcomes of this appeal to the High Court and what it will mean for the SMSF industry if High Court overturns the decision in Hill v Zuda. They also discuss the importance of having quality documents that are prepared and signed off on by lawyers.

Bryce Figot, Special Counsel, will be presenting DBA Network Pty Ltd’s SMSF Online Update on 11 February 2022. To register, please click here.

Related articles and links below.

High Court to decide how long can a BDBN last for!

Hill v Zuda Pty Ltd [2021] WASCA 59 — how long can a BDBN last for in ALL Australian jurisdictions?

SMSF Wills versus BDBNs — What is best?

The legal minefield of BDBNs (updated)

Reconciling inconsistencies between reversionary pension nominations and BDBNs

Advantages of the DBA Lawyers SMSF deed (2021-22)

Recent webinar on best practice for advisers with BDBNs

DBA Network

DBA Lawyers

Hosts (in order of appearance): Zacharia Galloway, Lawyer and Daniel Butler, Director

30 November 2021