Superannuation

 
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.

Collaborative approach

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.

Our experience

  • 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.

Key contact

Adrian’s financial services law practice covers superannuation, managed funds, insurance, and financial advice.

Our team

Anne advises on regulatory reform, superannuation fund product offerings, licensing, disclosure, fee arrangements and more...

Related thinking

Superannuation| 05 Aug 2022

Financial Services in Focus – Issue 70

In this edition, we consider exposure draft legislation to adjust how faith-based super products are treated under the annual performance test, and much more.

Superannuation| 20 Jul 2022

Financial Services in Focus – Issue 69

In this edition, we consider new financial requirements for directors of CCIVs, updated guidance from AUSTRAC on transaction reporting, and much more.

Superannuation| 28 Jun 2022

High Court confirms what we already know about SMSF BDBNs

The High Court decision in Hill v Zuda is also a good reminder that the key aspect of an effective BDBN is complying with the terms of the SMSF deed.

Superannuation| 27 Jun 2022

ESG no longer a ‘woke’ agenda, it is now BAU

Environmental, social and governance is now business as usual in board rooms in Australia and it threads through and is integrated in all decision-making. That was the message at the Australian Financial Review's ESG Summit in Sydney.