Find Lawyers in Sydney, Australia for Superannuation Law

Practice Area Overview

Superannuation lawyers act for superannuation funds, institutions, businesses, employers, and individuals in respect of a wide range of superannuation related issues.

Some superannuation lawyers specialise in ‘large fund’ superannuation (public offer, corporate, and public sector), while others specialise in self managed superannuation (certain funds with up to 4 members). Some superannuation lawyers practice in both sectors.

Superannuation lawyers in the large fund space typically provide advice regarding:

  • compliance and regulatory matters
  • governance and risk
  • tax
  • commercial transactions including the outsourcing of services (such as administration and custody)
  • fund mergers and restructuring
  • new product development (such as pension products)
  • investments, including structuring, legal due diligence, ISDA agreements, and investment management agreements and mandates
  • insurance, including review of policy wording, tenders, and claims
  • disputes and litigation
  • defined benefit, including addressing surpluses and deficits and proposals for the amendment or termination of defined benefit arrangements
  • lending and the provision of financial services to superannuation funds
  • the superannuation obligations of employers.

Self-managed superannuation lawyers typically provide advice to trustees and to advisers (accountants, financial advisers and other lawyers without a self managed superannuation specialisation) regarding:  

  • the establishment, operation, and restructuring of self-managed superannuation funds
  • compliance and regulatory matters
  • contribution and benefit payment strategies
  • pension strategies, including the commencement and administration of pensions
  • tax issues, including liaising with the Australian Taxation Office regarding disputed  assessments
  • enforcement action by the Australian Taxation Office, including penalties and disqualification of trustees
  • investments, including the acquisition and disposal of property, structuring, borrowing, and regulatory issues
  • matters arising at audit and the rectification of errors
  • disputes and family law issues affecting the superannuation entitlements of members
  • succession issues and planning for the disposition of death benefits
  • allocation and payment of death benefits.

Self-managed superannuation lawyers often work closely with their clients’ other advisers to ensure that superannuation matters are addressed consistently with their broader estate and succession planning. 

Given the wide range of areas in which superannuation clients may require assistance, superannuation lawyers require a degree of expertise across diverse practice areas, and the ability to identify where other specialist practitioners may need to be involved.

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