MONASH UNIVERSITY FACULTY HANDBOOKS

Law Handbook 1996

Published by Monash University
Clayton, Victoria 3168, Australia

Authorised by Academic Registrar, April 1996


LAW7122

Superannuation law and practice 700

Mr Bryan Dwyer and Ms Elizabeth Lanyon

One 2-hour lecture per week + First semester + City

Objectives On completion of this subject 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


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