Decisions, Decisions: ‘bad faith’ SMSF Trustee discretion decision set aside, Trustee removed

There is certainly no question that superannuation is a complex beast.  Add to that the self-managed superannuation fund (SMSF) variety and it will keep you busy, with it's complex twists and turns, for days. I read a case recently that is no different.   A shout-out to a fellow nerd, Clifford Hughes, for bringing this case … Continue reading Decisions, Decisions: ‘bad faith’ SMSF Trustee discretion decision set aside, Trustee removed

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Two Hats: Administrator & Super fund beneficiary = breach of fiduciary duty and account for profits

Her Honour Justice Atkinson delivered judgement on the case of McIntosh v McIntosh on 16 May 2014. This case involved an application for directions by the Administrator of an estate regarding the superannuation proceeds paid directly to her as beneficiary (at the discretion of the trustees). The administrator was the deceased's mother. The deceased was survived … Continue reading Two Hats: Administrator & Super fund beneficiary = breach of fiduciary duty and account for profits