What to do if a company’s constitution is lost?
All is not lost if a company’s constitution cannot be located. There are several methods to address the situation. The most appropriate me
All is not lost if a company’s constitution cannot be located. There are several methods to address the situation. The most appropriate me
The implications of a lost trust deed can be disastrous because without it every trustee action or decision can be called into question, but
The ATO has various powers it can exercise to deal with SMSF non-compliance. One such power is to provide a rectification direction (RD) to
The importance of good quality documents, especially in regard to BDBN, was highlighted last week in a Queensland Supreme Court decision.
There are a lot of grey areas in regard to the scope of work tax agents are legally allowed to conduct on behalf of an SMSF, warns a leading
An SMSF specialist lawyer has warned the new $3 million super tax will, in addition to taxing unrealised gains, also apply to any increase i
SMSF trustees are being encouraged to update and ensure their wills are valid to avoid costly court actions or assets being unintentionally
There is a provision in the Superannuation Industry (Supervision) Regulations 1994 (Cth) (SISR) that, on its face, appears to allow a perso
A recent SMSF Adviser article mentioned the decision in Clayton v Clayton [2023] NSWSC 399 in the context of what amounts to a de facto rela
SMSF members are a target for scams and organised crime with one auditing expert predicting there will be a lot more sophisticated scams and
A financial services adviser who took more than $1.6 million from his clients has been permanently banned by ASIC.
The question of whether two (or more) people are in a de facto relationship is critical for superannuation purposes, including with referenc
Machine learning and AI have been at the heart of many changes in the legal industry.
The Australian Taxation Office has warned SMSF trustees that its staff can now issue a rectification direction under section 159 of the Supe
The Full Court of the Federal Court of Australia (Court) recently handed a judgment regarding how the superannuation guarantee (SG) legislat
NSW Police have charged two Sydney-based accountants with 84 offences after allegedly defrauding several clients of $3.5 million in a SMSF s
A recent ruling from the Victorian Court of Appeal highlights the importance of securing the safety of trust deeds.
Failing to keep your SMSF deed up to date can lead to the SMSF failing to optimise tax and contribution concessions, unnecessarily restricti
Alan Bond is arguably one of the most famous, or infamous, entrepreneurs in modern Australian history.
An analysis from Market Forces has found that Australia’s biggest super funds are greenwashing and exposing themselves to legal risk by fa
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