The Supreme Court recently issued a cost decision that grapples with an issue that occasionally arises once litigation is finalised.  That is, if there are several issues in dispute in…

In Re Estate Jerrard, deceased [2018] NSWSC 781 an indigenous young man died in a motor accident without a Will and with no spouse or children.  Superannuation death benefits were payable into…

It comes as a surprise to many people to learn that they do not own their superannuation and therefore cannot include their superannuation as an asset to be disposed of…

Some years ago, I was involved in some litigation that arose when a man died leaving superannuation entitlements (but without nominating an intended recipient) and had nominated his partner as…

Superannuation assets increased 6.7% in aggregate in the year following March 2018 and were $2,782.6 billion at 31 March 2018.  When relationships breakdown, a couple’s superannuation entitlements form part of…

It is not unusual for the assets in an estate to include shares in companies listed on the Australian Stock Exchange.  If those shares were purchased by the deceased after…

A Self -Managed Superannuation Fund must comply with the law or risk significant tax consequences.  Section 17A (3) Superannuation Industry (Supervision) Act 1993 (Cth) (SIS Act) provides that a legal personal representative…

In April 2019, the Australian Law Reform Commission released its final report: “Family Law for the Future”.   Recommendation 17 is that the Family Law Act should be amended to simplify…

A property settlement between estranged husbands, wives and de facto spouses can only be the subject of court orders if it is determined to be a just and equitable settlement.…

Property settlements that included provision for a superannuation split may have been negotiated and filed for orders, pre COVID 19. Some parties to those settlements have been anxiously watching their…

When an individual becomes bankrupt, subject to any contrary provision of the Bankruptcy Act, 1966, the assets of the bankrupt vest in the trustee in bankruptcy.  Those assets are then used…

It is now much more likely that when someone dies they will still be a member of a superannuation fund.  Family members often find struggling with their loss and making…

It’s a new financial year, so it is time to understand the superannuation contributions for self-managed superannuation funds. The concessional contributions (CC) include: Compulsory employer contributionsSalary sacrifice contributionsPersonal tax deductible…

SMSFs account for 99.7% of all super funds in Australia and collectively hold 26% of the $2.9 trillion in super assets under management. There are 1.125 million Australians in nearly…

The standard Enduring Power of Attorney (“EPOA”) provides that it is effective immediately after it is signed by both the appointor and the appointed attorney.  However, it is open to…

It is possible to split the superannuation entitlements of married and de facto couples as part of their property settlement adjustment.    Such splits need to be the subject of a…

Generally, when people separate following the breakdown of a relationship, each party will seek independent legal advice to negotiate a settlement or to commence Court proceedings. However, from time to…

There is an obligation on parties to disclose all relevant information about their superannuation entitlements for consideration in family law property settlements. When the name of a spouse’s fund is…