Search
Close this search box.
(07) 3231 2444
Search
Close this search box.

Superannuation

Cooper Grace Ward’s specialist superannuation lawyers provide the full range of legal services to assist self-managed superannuation fund (SMSF) trustees, their administrators, accountants, financial planners, auditors and other advisers.

Our team includes two accredited SMSF Specialist Advisors who work closely with our other teams, including the estate planning, tax and revenue, property and banking and finance teams to provide practical outcomes for our clients.

For more information on establishing companies, trusts and superannuation funds, please visit the CGW Structures website.

Our services in this area include:

Advice, compliance and strategy from leading superannuation lawyers

  • compliance advice in relation to all aspects of the Superannuation Industry (Supervision) Act 1993 (Qld) and regulations
  • advice on investment structures including limited recourse borrowing arrangements, unrelated unit trusts, ungeared unit trusts, pre-1999 unit trusts and private companies
  • advice in relation to SMSF participation in property development arrangements
  • advice on the taxation of superannuation funds (including non-arm’s length income issues and residency), pensions, redundancy payments and salary sacrifice arrangements
  • special purpose estate planning strategies and solutions
  • contribution and benefit payments advice
  • excess contributions tax assessment advice
  • implementing in-specie contributions
  • advice on succession strategies including reversionary pensions, binding nominations and enduring powers of attorney
  • reviewing loan documents for limited recourse borrowing arrangements
  • superannuation issues in family law and other settlements.

Structuring and documentation

  • establishing and winding up an SMSF
  • limited recourse borrowing arrangements and other investment structures
  • pension documents, including transition to retirement and reversionary pensions
  • binding nominations, enduring powers of attorney and other tailored succession/estate planning documentation
  • trust deed updates including change in trustees
  • new special purpose trustee companies
  • unitholders agreements tailored for SMSF investment issues
  • property leases tailored to deal with SMSF investment issues.

ATO dealings

  • voluntary disclosures
  • application for Commissioner’s discretion
  • private rulings and SMSF determinations
  • objections and AAT hearings.

Market recognised superannuation lawyers

Our firm and many of our partners and team members are recognised in leading Australian independent legal directories. This includes listings for superannuation law and tax law advice in Doyle’s Guide and Best Lawyers Australia.

For advice from our superannuation law experts, contact Cooper Grace Ward on (07) 3231 2444.

 

Key contacts

Scott Hay-Bartlem
Partner
Fletch Heinemann
Partner
Clinton Jackson
Partner
Hayley Mitchell
Partner
Linda Tapiolas
Partner
Murray Shume
Special Counsel
Keeghan Silcock
Senior Associate

Publications

It Depends - Do I have the mental capacity to make a binding death benefit nomination for my superannuation?

In this edition of It depends, partner Scott Hay-Bartlem talks about how we know whether a person has the mental capacity to make a binding death benefit nomination for their superannuation.

Of sound mind? Capacity in the context of Binding Death Benefit Nominations

Van Camp v Bellahealth Pty Ltd is one of the first cases where a court has been asked to consider the standard of capacity required in the context of Binding Death Benefit Nominations.

It Depends - Is my company a special purpose super trustee company?

In this edition of It depends, partner Scott Hay-Bartlem talks about whether your company is a special purpose superannuation trustee company.