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.
Superannuation| 25 Nov 2020
Retail Employee Superannuation Trust (Rest) has settled a lawsuit brought by member Mark McVeigh over its disclosure of the impact of climate change risks on the fund. We look at how the case made it to settlement and consider the potential implications for the superannuation industry
Financial Services| 16 Nov 2020
In this edition, we provide an overview of the Financial Sector Reform (Hayne Royal Commission Response) Bill 2020, which is now before Parliament, plus much more.
Financial Services| 28 Oct 2020
In this edition, we report on ASIC's contracts for difference product intervention order and the proposed virtual meetings and electronic signing amendments to the Corporations Act.
Tax| 15 Oct 2020
Not a lot of thought is often given to the tax consequences, if any, of compensation payments following the Banking Royal Commission and the Hayne Report, even now that we are two years on from the Commission.