Family Law and super developments

National Conference 2022

This session will start with a brief refresher on the different statutes for the splitting of super together with the operating standards and obligations on the part of the trustee under Part 7A of the Superannuation Industry (Supervision) Regulations 1994.

There will be a detailed examination of the trustee initiated pathway vs the member initiated pathway. Both are available for splitting but when do you use one pathway in preference to the other? And, what if you have a clash of pathways?

This session will also provide an examination of the interest adjustments and the responsibility when these adjustments are overlooked, especially in a falling market together with a reminder about the taxation and preservation components. The session will then provide an update on the developments that affect family law and super including:

  • Coverage for de facto couples;
  • How to deal with “troublesome” members/trustees;
  • What happens when there is a death in proceedings, and;
  • Case examples of court cases.

At the end of this session, you will be able to: 

  • Gain improved knowledge of the operating standards under Part 7A of the Superannuation Industry (Supervision) Regulations 1994;
  • Recognise the difference between the trustee initiated pathway vs the member initiated pathway;
  • Understand how to apply the statutory interest adjustments, and;
  • Identify when to involve other professionals in cases of “troublesome” members/trustees.

The contents of this resource are taken to be correct at the time of publication.

Disclaimer: Technical Papers contain general advice only and are prepared without taking into account particular objectives, financial circumstances and needs. The information provided is not a substitute for legal, tax and financial product advice. Before making any decision based on this information, you should assess its relevance to the individual circumstances of your client. While the SMSF Association believes that the information provided is accurate, no warranty is given as to its accuracy and persons who rely on this information do so at their own risk. The information provided in this bulletin is not considered financial product advice for the purposes of the Corporations Act 2001. © SMSF Association