Death benefit dilemmas: trustee discretion and AFCA’s approach to law and fact
Recent cases demonstrating how AFCA re‑weighs evidence, wishes and dependency with less formal fact-finding processes.
Despite new laws empowering ATO, many Australians are owed super by employers
From January 1 2024, a change to the National Employment Standards makes superannuation an entitlement in addition to employers’ obligation to pay superannuation contributions for…
Natural persons only: Federal Court clarifies superannuation entitlements
Recent Full Court of the Federal Court decision considered the test for whether a worker is considered an employee under section 12(3) of the superannuation…
Unscrambling the Oomidoodle’s egg
High Court in Hill v Zuda clarifies that reg 6.17A of the Superannuation Industry (Supervision) Regulation 1994 does not apply to a self managed super funds.
Super fund underperformance in the rear-view mirror
Is the government’s plan to tackle underperforming super funds a backward step?
Super death benefit claims where there is no binding nomination
The ins and outs of super death benefit claims where there is no binding nomination.
The Rest climate case settlement: a precedent by any other name?
The climate change settlement raising the bar for Australian corporate risk management.
Elder law & succession: November 2020
Reporting and analysis of the latest judgments and news in wills & estates and elder law. By DARRYL BROWNE.
Understanding the relationship between deceased estates and super benefits in drafting a will
Superannuation death benefits and tips for more effective will drafting.
Elder law & succession: April 2020
Reporting and analysis of the latest judgments and news in wills & estates and elder law. By DARRYL BROWNE.
Elder law & succession: March 2020
Reporting and analysis of the latest judgments and news in wills & estates and elder law. By DARRYL BROWNE.