The Nature Of A Member's Interest In A Superannuation Fund And Standing To Commence Proceedings
SUPERANNUATION LAW CASE NOTE
Shimshon v MLC Nominees [2021] VSCA 363.
JONATHAN STEFFANONI & GABRIELA PIRANA
[The case considers the rights of members of superannuation funds to bring proceedings against the trustee to recover loss or damage under either general law or statute. The decision relates to group proceedings in Victoria but involves principles that may be more broadly relevant for trustees of superannuation funds, members, and their legal representatives. Consideration is also given to the nature of a member’s interest in a superannuation trust, and how the general law and statute apply in a superannuation context. This decision appears to demonstrate the continued development of a distinctive superannuation context which is relevant to the application of equitable principles in general law and the interpretation of statute.]
If your trustee office needs further clarification or assistance with Superannuation and Financial Services Law please contact QMV Legal at sayhi@qmvsolutions.com or 03 9620 0707.
Jonathan Steffanoni - Managing Partner
Gabriele Pirana - Senior Associate
QMV Legal
ABOUT QMV
QMV provides independent advisory, consulting, legal services and technology to superannuation, wealth management, banking and insurance organisations.
Like what you see? Please subscribe to receive original QMV content!
You may also benefit from our free monthly pensions and superannuation regulatory updates.