Court sheds light on an enduring attorney’s right to extend a BDBN

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A significant ruling was recently handed down in the Queensland decision of Re Narumon Pty Ltd regarding an attorney’s right to extend a member’s binding death benefit nomination. The facts

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Can you sue your SMSF auditor if things don’t go to plan?

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The NSW Court of Appeal has overturned the decision of the trial judge and held that an SMSF auditor was liable to pay damages for losses incurred by the SMSF.

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Replacing trustees and mental incapacity

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If you are currently a trustee or a director of a corporate trustee of an SMSF, you will recall signing a number of legal documents for your appointment and acceptance

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The First Home Super Saver Scheme

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The First Home Super Saver Scheme (FHSSS) is intended to assist individuals entering the property market by allowing them to save on tax and receive higher earnings than if the

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SMSF member limit to increase from four to six

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One of the key changes from this year’s budget is the Government’s proposal to increase the maximum permitted number of members in a self-managed superannuation fund (SMSF) from four to

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Bankruptcy and SMSF trusteeship

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John and Mary are individual trustees of their SMSF. John has incurred quite a substantial amount of unmanageable debts and recently entered into a voluntary bankruptcy. John is unsure what

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New LRBA rules to apply after 1 July 2018

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A new piece of legislation giving effect to proposed measures announced during the 2018 Budget in respect of limited recourse borrowing arrangements (‘LRBA’) is currently being discussed by Parliament. What

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Which country, which will?

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The Victorian case of Re Tang [2017] looked at a raft of issues that arose when the deceased had assets in both Australia and China. The deceased was an Australian

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Deregistration of SMSF corporate trustee

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Companies in Australia are legal entities – virtual people. They are capable of doing many things in their own right, including acting as the trustee of a self-managed super fund.

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Keeping your SMSF compliant when overseas

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SMSF trustees need to be careful when going away overseas for extended periods as they face many risks including losing residency These include: Failing the Australian residency requirements for the

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