Being eligible to receive super death benefits To be eligible to receive a death benefit from a superfund, the eligibility requirements as set out in the superannuation fund trust deed must be met. However, to be compliant with the Superannuation Industry (Supervision) Act 1993 (‘SIS Act’), a superannuation trust deed will generally require the receiver...
A working understanding of employment law is paramount to ensure awareness of your rights as an employee and the duty owed to you by your employer. Further, employers must ensure they are fulfilling their legal obligations to their employees. Duty of Care The duty of care owed by an employer to their employee is well...
Estate planning is an essential area of law. It provides peace of mind, and comfort in the knowledge that your estate will be managed according to your wishes. A binding death benefit nomination is just one piece of the puzzle that is estate planning that was recently considered by the High Court of Australia. What...
As a result of the many advantages a discretionary trust can have,[1] including possible taxation advantages, asset protection and income splitting opportunities, the creation of a discretionary trust has become a prevalent and popular choice for individuals wishing to develop and safeguard wealth for the future generations of their family. Despite the popularity of discretionary...
Stubbings v Jams 2 Pty Ltd (2022) HCA 6 – Implications for Guarantees and Unconscionable Conduct What is a guarantee? The term ‘guarantee’ attracts a level of ambiguity. It is not always clear what the legal implications of a guarantee are beyond the notion that it involves making an assurance, generally in the circumstance of...
