Superannuation Law

deed establishment + variation

SMSF trust deed establishment: Preparing SMSF trust deeds and, where required, registering a proprietary company to act as the corporate trustee.
SMSF trust deed variations: Reviewing, customising and updating existing SMSF trust deeds to reflect legislative changes, changes in client circumstances or specific client requirements.

death benefits

Binding death benefit nominations: Preparing and implementing binding nominations to direct the payment of superannuation death benefits in accordance with the member’s estate planning objectives.
Non-binding death benefit nominations: Preparing non-binding nominations to guide the trustee as to the member’s preferred distribution of death benefits.
Discretionary death benefit payments: Advising and assisting trustees in exercising their discretion where no valid binding nomination is in place.
Estate planning alignment: Reviewing death benefit arrangements to help ensure they are consistent with the member’s broader estate plan.

family law

Superannuation splitting arrangements: Preparing and advising on superannuation splitting agreements and orders arising from family law proceedings.
Trustee + member disputes: Advising and representing SMSF trustees and members in disputes concerning fund assets, entitlements or the administration of the fund.
Family law asset transfers: Advising on the superannuation, tax and compliance implications of asset transfers made as part of a property settlement.
Compliance support: Assisting to ensure superannuation arrangements implemented as part of a family law settlement comply with the relevant legal and regulatory requirements.

compliance + taxation

SMSF structuring + investments: Advising on the establishment of new superannuation arrangements and SMSF investment structures, including the use of trusts and companies where appropriate.
Superannuation + tax compliance: Providing guidance on the application of superannuation and tax laws to SMSF transactions, investments and ongoing fund operations.
Compliance breaches: Advising on identified or suspected breaches of superannuation law and assisting with appropriate remedial action.
ATO + APRA disclosures: Assisting with voluntary disclosures, audit responses and regulatory engagement with the ATO or APRA where required.
Risk management + rectification: Helping trustees address compliance issues and implement practical steps to reduce the risk of future breaches.

contribution strategies

Contribution strategy + advice: Providing guidance on superannuation contributions and the legal and tax implications of different contribution types.
Concessional contributions: Advising on deductible and employer contributions, applicable caps and contribution timing.
Non-concessional contributions: Advising on after-tax contributions, eligibility requirements and contribution caps.
Downsizer contributions: Advising on eligibility and the requirements for contributing proceeds from the sale of an eligible home.
Spouse contributions: Advising on contributions made for a spouse and the associated eligibility and tax considerations.
In-specie contributions: Advising on the transfer of eligible assets into an SMSF as a contribution, including compliance and valuation requirements.

superannuation guarantee

Superannuation Guarantee compliance: Advising employers on their obligations to make Superannuation Guarantee contributions accurately and on time.
Contribution disputes: Assisting with disputes concerning unpaid, underpaid or incorrectly calculated superannuation contributions.
Employee + employer matters: Advising on Superannuation Guarantee issues arising between employers and employees.
ATO engagement: Assisting with ATO reviews, audits and correspondence relating to Superannuation Guarantee obligations.
Penalty + risk management: Helping employers identify and address compliance issues to minimise penalties, interest and other potential liabilities.

borrowing

Limited Recourse Borrowing Arrangements (LRBAs): Advising on the establishment and operation of compliant borrowing arrangements for SMSFs, including appropriate loan and security structures.
Related party loans: Advising on loans made to SMSFs by members, related entities or other related parties, including arm’s length and compliance requirements.
SMSF borrowing compliance: Reviewing proposed borrowing arrangements to ensure they comply with superannuation law and regulatory requirements.
Unit trust investments: Advising on SMSF investments in related and unrelated unit trusts, including structuring and compliance considerations.
Company investments: Advising on SMSF investments in related and unrelated companies and the associated superannuation law implications.

pension + lump sum benefits

Benefit payment advice: Advising on the payment of superannuation benefits following retirement, death, financial hardship or other eligible circumstances.
Lump sum + pension payments: Advising on the legal, tax and compliance implications of taking superannuation benefits as a lump sum, pension, or combination of both.
Retirement + conditions of release: Advising on whether a member has satisfied the relevant retirement requirements or another condition of release.
Accessing superannuation: Advising on when and how a member may lawfully access their superannuation benefits.
Death benefit payments: Advising trustees on the payment of superannuation death benefits and the applicable legal and tax requirements.
Pension commencement documents: Preparing the documentation required to commence an account-based pension or other superannuation income stream.
Pension cessation documents: Preparing the necessary documentation to cease or commute an existing pension.
Pension changes: assisting with changes to existing pension arrangements, including partial commutations, rollbacks or the commencement of a replacement pension.
Compliance support: Ensuring pension documentation is prepared consistently with applicable superannuation and tax requirements.

trustee appointment + removal

Appointment + removal of trustees + directors: Assisting with changes to SMSF trustees or corporate trustee directors, including preparing and implementing the required documentation.
Death + incapacity transitions: Advising on and facilitating trustee or director changes where a member dies or loses capacity.
Succession planning: Structuring and implementing arrangements to support the orderly transition of control of the SMSF on a member’s death or incapacity.
Trustee + member disputes: Advising on internal disputes between trustees, directors or members and assisting with practical resolution strategies.
AFCA complaints: Advising and representing clients in complaints and dispute resolution processes involving the Australian Financial Complaints Authority, where applicable.

structuring investments

SMSF property development + investment: Advising on the structuring of property development and investment activities involving SMSFs.
Investment structures: Advising on the use of unit trusts, companies and other entities to facilitate SMSF participation in property investments and development projects.
Compliance considerations: Advising on the superannuation law, related party and investment restrictions relevant to SMSF property development arrangements.
Shareholder + unitholder agreements: Preparing agreements to regulate the rights, obligations and decision-making arrangements between participants in a property development or investment structure.
Transaction documentation: Preparing and reviewing supporting legal documents required to implement and manage the proposed property investment or development arrangement.

fund restructuring

Fund mergers + restructures: Advising on the legal and compliance requirements for merging or restructuring superannuation funds.
Fund splits: Assisting with the separation of fund assets and interests where a fund is being divided or restructured.
Successor fund transfers: Advising on and documenting the transfer of members and benefits to a successor fund in accordance with applicable superannuation requirements.
Fund wind-ups: Assisting trustees with the orderly winding up of a fund, including the transfer or payment of benefits and completion of required documentation.
Implementation support: Preparing and reviewing the legal documents required to give effect to fund mergers, transfers, restructures or wind-ups.

one place to
take control of your super

protect your interests now and into the future

legal advice that works with you + your advisers

structuring advice services

deed establishment + variation

death benefits

family law

compliance + taxation

contribution strategies

superannuation guarantee

borrowing

pension + lump sum benefits

trustee appointment + removal

structuring investments

fund restructuring

who we help

real estate

agribusiness

franchising

startups

retirees

Superannuation Law crew

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BRISBANE

SYDNEY - NORWEST

SYDNEY - CBD

Superannuation Law

one place to take control of your super

protect your interests now and into the future

legal advice that works with you + your advisers

structuring advice services

deed establishment + variation

death benefits

family law

compliance + taxation

contribution strategies

superannuation guarantee

borrowing

pension + lump sum benefits

trustee appointment + removal

structuring investments

fund restructuring

who we help

real estate

agribusiness

franchising

startups

retirees

Superannuation Law crew

want to get in touch?

Contact Us

want updates straight from our team of experts to your inbox?

not sure where to start?

sign up for insights

one place to
take control of your super