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. His work includes both advisory and...

Related thinking

Banking & Finance| 28 Apr 2021

Financial Services in Focus – Issue 53

In this edition, we report on draft ASIC guidance on the new breach reporting regime, new claims handling and settling regulations, draft legislation on replacing FASEA, and much more.

Insurance| 13 Apr 2021

Insurance claims handling: time for action on licensing

ASIC has provided clarity on how it will approach the regulation of insurance claims handling and settling as a financial service.

Banking & Finance| 08 Apr 2021

Financial Services in Focus – Issue 52

In this edition, we report on ASIC’s CFD and binary option product intervention orders, ASIC’s requirements for advice fee consents and independence disclosures, ASIC’s ‘no action’ position on virtual meetings and much more.

Banking & Finance| 15 Mar 2021

Financial Services in Focus – Issue 51

In this edition, we report on draft exposure regulations for incoming reforms to breach reporting obligations.