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...

Our team

Anne is a leading superannuation and financial services lawyer with deep knowledge and understanding of the superannuation and financial services industry...

Ashlee is a lawyer in our Banking & Financial Services team in Sydney.

Related thinking

Superannuation| 02 Jul 2021

Financial Services in Focus – Issue 55

In this bumper edition, we report on the extension of transitional licensing relief for foreign financial services providers, new AUSTRAC guidance, new ASIC guidance on ongoing fee arrangements, and much more.

Superannuation| 28 Jun 2021

Superannuation trustee service: non-public offer trustees secure level playing field

ASIC has granted non-public offer superannuation trustees the same dealing authorisation relief as is currently available to public offer superannuation trustees.

Superannuation| 26 May 2021

Financial Services in Focus – Issue 54

In this edition, we consider the Budget’s commitments to funds management and foreign financial services providers, a case on defective PDS disclosure, the exposure draft Your Future, Your Super regulations and much more.

Superannuation| 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.