Key developments
- Australian Financial Complaints Authority approach to superannuation death benefit complaints
- Review of the Surveillance Legislation Amendment (Identify and Disrupt) Act 2021
- Law Council of Australia’s Draft Policy Statement on Child Justice Reform
- Statement on bail by Chief Justice of New South Wales
- Electronic lodgment network operator conditions of approval
- Explanation of intended effect: changes to deter illegal tree and vegetation clearing
- Workers Compensation Legislation Amendment Bill 2025
- Part 3 of the Freedom of Information Guidelines
- Administrative Review Tribunal Practice Directions – six-month review guidelines
Australian Financial Complaints Authority approach to superannuation death benefit complaints
The Business Law and Elder Law, Capacity and Succession Committees contributed to a submission to inform a Law Council of Australia response to Australian Financial Complaints Authority’s (‘AFCA’) exposure draft guidance document, Approach to superannuation death benefit complaints, October 2024 (‘draft Approach’).
Our submission noted we previously raised concerns regarding significant delays in the processing of death benefit claims due to an upsurge of complaints to AFCA, and welcomed the clarification provided by the draft Approach. We also suggested consideration of jurisdictional issues in the event a notional estate order is made under NSW succession legislation and the inclusion of additional case studies focused on typical dispute scenarios between certain categories of beneficiaries and dependants.
