LAW7122

Superannuation law and practice

Ms Elizabeth Lanyon

Objectives On completion of this subjects students should be able to (1) understand the structure of different types of superannuation funds in Australia and the reasons for these differences including those which relate to the provisions of our taxation legislation; (2) understand the operation of superannuation funds including (a) the role and duties of trustees and those to whom they delegate especially in relation to investment; (b) the rights of members individually and collectively and (c) the role and duties of third parties such as auditors; and (3) examine the effect of superannuation in bankruptcy law, family law and industrial law.

Synopsis This subject will consider the nature of superannuation schemes; the role of trustees; taxation of superannuation schemes; investment of superannuation funds; the in-house asset rule and the sole purpose test; disability claims; duties of auditors; civil and criminal remedies; superannuation, bankruptcy and industrial law; family law and discrimination; amendment of trust deeds; preservation of small benefits; exempt funds.

Assessment Research assignment (8000 words): 80% - Class participation: 20%

Texts

Class materials
Ford H A J and Lee W A Principles of law of trusts 3rd edn, Law Book, 1996
CCH 1999 Australian master superannuation guide

Back to the 1999 Law Handbook