Self-managed superannuation funds

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We advise and act in relation to ATO reviews and audits, and rectification of contraventions identified by accountants and auditors. In relation to investments we advise on compliance with the relevant law, particularly relating to related party dealings and closely held investments, and borrowing by trustees. For members we provide estate planning advice and documentation dealing with their wishes in relation to their self-managed superannuation funds, including pension design and how to achieve their goals where there are blended families and the possibility of challenges.

Death benefits and disability claims

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We advise and act in relation to disputed death benefit distributions and claims by fund members to disability benefits. This includes acting for RSE licensees in proceedings in the Federal Court and State courts, and notional estate claims.

Superannuation fund mergers

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APRA continues its effort to ensure performance of regulated funds is maximised resulting in smaller funds being encouraged to consider the benefits for its members of fund transfers and larger funds maximising economies of scale while maintaining local engagement. We have acted in numerous successor fund mergers for both transferor and transferee trustees over many years.

Compliance and regulatory issues

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We advise on all issues under the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation Industry (Supervision) Regulations 1994 (Cth), including contributions, benefits, conditions of release, pensions, rollovers, the sole purpose test, trustee indemnification from the fund, in-house assets, reserves and defined benefit funds. We also advise RSE licensees on all issues under Chapter 7 of the Corporations Act 2001 (Cth), including Australian financial services licensing, Product Disclosure Statements and member guides, significant event notices, periodic statements, application processes, personal and general advice, conduct obligations, authorised representative agreements and breach reporting to ASIC.

Tax

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We advise on tax issues in the context of superannuation.

Superannuation guarantee

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We advise trustees and employers on issues under the superannuation guarantee legislation, including mistaken payments into the fund and the return of stolen money, and ATO audits and reviews.

Investment funds

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Our team regularly advise investors on their investment in fund structures as well as advising on the establishment of investment funds whether for real estate, private equity, venture or club style arrangements.

We work closely with our tax team.  

We advise and assist on matters including custody and administration, trust deeds, limited partnership agreements, licensing, corporate governance and compliance, mergers and takeovers of funds and businesses, and asset and investment management. We also act on secondary transactions.   

Our international and domestic clients include fund managers, investment managers, brokers, independent trustees, financial planners, research houses, corporate advisors, family offices, private equity managers and financial service providers.