Posts in legal
A Point Meant To Keep Successor Fund Transfers Out Of Court

Superannuation fund trustees involved in merger or successor fund transfer (SFT) discussions can breathe a little easier after a recent decision poured cool water on concerns that certain merger related dealings may have exposed parties to the risk of criminal prosecution.

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Using Assumptions For Consumer Remediation – Applying RG 277 Guiding Principles In The Process

On 27 September 2022 ASIC released Regulatory Guide 277 Consumer Remediation (RG 277) which is intended to supersede the existing guidance in Regulatory Guide 256 Client review and remediation conducted by advice licensees (RG 256). RG 277 is a significant expansion of ASIC’s remediation guidance and now applies to all Australian Financial Services (AFS) and Australian Credit licensees, including superannuation trustees.

It is important to note the guidance within RG 277 applies to all remediation activity from 27 September 2022; however licensees may still utilise RG 256 for any remediation programs already underway at this date.

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QMV Legal Monthly Regulatory Update - September 2022

It was a busy month with the re-introduction of FAR and Compensation Scheme of Last Resort legislation to Parliament after lapsing with the calling of the election earlier this year. New measures relating to downsizer contributions were also introduced, along with the faith-based performance test.

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QMV Legal Monthly Regulatory Update - August 2022

August was a month filled with updates from the regulators and treasury, which included: The Quality of Advice Review Proposals Paper; APRA Climate Risk Survey Results; ASIC announcement regarding breach (reportable situation) reporting; and much more.

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QMV Legal Monthly Regulatory Update - July 2022

After a few quieter months post-election, July brought about the resumption of Parliament and the introduction of our first superannuation-related bill for the year. Treasury has been busy with the announcement of a review into the YFYS reforms, consultation on faith-based superannuation product performance tests and Annual Member Meeting changes.

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Strategic Planning And Member Outcomes

The focus on delivering member outcomes continues to evolve with the release of Discussion paper – Strategic planning and member outcomes: Proposed enhancements by APRA. Consultation is sought on a range of proposed changes to the current Prudential Standard SPS 515 Strategic Planning and Member Outcomes and associated guidance to incorporate the significant suite of reforms that have impacted the industry since SPS 515 was introduced in 2020.

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CPS 230 - Operational Risk Management

CPS 230 – Operational Risk Management . APRA’s strategic initiative to modernise the prudential architecture. APRA has identified specific questions for feedback that will assist it in finalising the requirements. The standard will commence from 1 January 2024. APRA intends to finalise the standard and release draft guidance for consultation in early 2023, and finalise the guidance in the first half of 2023.

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Annual Member Meetings Disclosure Requirement Changes Consultation

The Superannuation Industry (Supervision) Amendment (Your Future, Your Super— Improving Accountability and Member Outcomes) Regulations 2021 prescribe information that must be given to superannuation fund members either directly or referenced within an annual member meeting notice.

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Relief For Superannuation Calculators and Retirement Estimates

Superannuation trustees are increasingly focused on providing members with tools, information, and advice that are intended to assist members in making decisions and planning for their retirement. Online calculators and retirement estimates play an important role in enabling members to access clearer information about how decisions and scenarios earlier in life will affect their retirement income outcomes.

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QMV Legal Monthly Regulatory Update - June 2022

With the start of the new financial year, we see a myriad of superannuation-related changes come into effect as of 1 July 2022. To finish the 2022 financial year, ASIC issued a new legislative instrument covering superannuation calculators and retirement estimates and information sheet on greenwashing, while APRA confirmed it will be releasing a refreshed investment governance prudential standard.

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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. QMV LEGAL

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Financial Accountability Regime (FAR) Draft Legislation - How Far Has It Come?

After a long wait following Treasury's initial proposal paper issued in January 2020, the Financial Accountability Regime (FAR) draft legislation has arrived, and there are a few key items that require consideration by superannuation trustees.

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Your Future, Your Super Bill Introduced Into Parliament

On 17 February 2021, the Government introduced and read a first time Treasury Laws Amendment (Your Future, Your Super) Bill 2021 (Bill). The Bill was then referred to the Senate Economics Legislation Committee with a report due on 22 April 2021.

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QMV Regulatory Update Commonwealth Budget 2020-21: Key Considerations for Superannuation Trustees

We've put together a brief summary of the measures in the Commonwealth Budget directly affecting superannuation trustees. While there is very little detail on some measures at this stage - it is enough to start thinking & planning!

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COVID-19 Impact To Superannuation Trustees And Members - Economic Survival

This article shares initial thoughts on what superannuation trustees should be thinking about, and what they might be able to do to best position themselves to navigate the COVID-19 pandemic (and related economic carnage) with compassion, prudence, and a sense of purpose.

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Trustee Overview - Product Design And Distribution Obligations: ASIC Consultation Paper (CP) 325

Trustees need to ‘start their engines’ now to make sure they will be compliant with the design and distribution obligations that will come into effect on 6 April 2021.  A project plan needs to be developed now that incorporates product and product governance audits. And that’s before the real work begins! 

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