The market in which superannuation funds invest presents unique challenges and opportunities. Trustees are competing for assets in a heavily-regulated environment, and need to be agile and decisive while ensuring the interests of their beneficiaries and other stakeholders are considered.
How we can help
We work with a range of superannuation funds, institutions and businesses on a wide variety of transactional and advisory matters. We have a particular focus on and experience with 'large fund' superannuation (including public offer, corporate and public sector). Our partners and lawyers are consistently recognised in leading legal directories and best lawyers guides.
Given the wide range of areas in which our superannuation clients may require assistance, we regularly engage with our other specialists in areas such as tax, funds and commercial. We also work constructively with in-house legal and investment teams, communicating regularly to ensure the best outcome for our clients.
Industry and regulators
We liaise with the Australian Prudential Regulation Authority, the Australian Securities and Investments Commission, AUSTRAC and the Australian Taxation Office on compliance issues on behalf of our superannuation clients.
We take an active role in the industry as committee and board members of peak bodies and participate in legislative reform sub-committees submissions to stakeholders, industry bodies and government.
- Advising on investments by trustees, including private equity and sustainability investments, involving legal due diligence, structuring, advice and review of shareholder agreements, investment fund documents, ISDA and securities lending agreements, and working capital instruments.
- Acting in superannuation fund mergers, including structuring, legal due diligence, documentation and advice.
- Advising on insurance, including review of policy wording, tenders, and claims.
- Advising on major remediation exercises, involving advice to the trustee about its obligations and ongoing review of communications and remedial measures.
- Acting in the establishment of master trusts and funds and sub-plans within the master trust.
- Acting in the transfer of trusteeship of public offer superannuation funds.
- Acting in the restructure of related corporate superannuation and managed funds.
- Advising on defined benefit arrangements, including addressing surpluses and deficits and proposals for the amendment or termination of defined benefit arrangements.
- Advising on disputes and litigation, including AFCA proceedings.
Banking & Finance| 23 Feb 2021
In this edition, we consider the much-anticipated High Court decision in Westpac v ASIC on personal versus general financial product advice and the introduction of the ‘Your Future, Your Super’ bill and proposed amendments to continuous disclosure rules into Parliament.
Banking & Finance| 08 Feb 2021
The High Court has handed down its judgment in the much-anticipated case of Westpac Securities Administration Ltd & Anor v Australian Securities and Investments Commission  HCA 3. We examine the case.
Banking & Finance| 02 Feb 2021
In this edition, we consider an interesting case on the 'application moneys provisions' for the issue of financial products, we outline proposed exclusions from the new claims handling licensing obligations and report on reforms to AML/CTF legislation.
Financial Services| 15 Dec 2020
We examine ASIC’s final regulatory guide on the design and distribution obligations regime. In particular, we compare the final guidance with the draft regulatory guide released last year.