Posts in Legislation
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.

Read More
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.

Read More
Greenwashing | taking a peek beneath the green sheen

The risks of greenwashing are becoming increasingly prevalent and appropriate management of these risks requires input, commitment and training across all areas of a trustee’s operations.

An understanding of how sustainability and responsible investing has been incorporated into the trustee’s investment decision making is a basic requirement for all staff to ensure any representation made is clear and accurate. Penalties for non-compliance are considerable and even a sniff of greenwashing brings about significant media scrutiny and associated costs to the trustee, both financial and reputational.

Read More
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.

Read More
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.

Read More
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.

Read More
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.

Read More
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.

Read More
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.

Read More
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.

Read More
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

Read More
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.

Read More
Weighing The Importance Of ‘Financial’ In Best Financial Interest Duty

The best interests duty is in many ways the cornerstone to the regulation of the superannuation system and has been the most important guiding principle for Australia’s superannuation industry.

Read More
Hayne Royal Commission Reforms Make Quick Headway In Parliament - QMV Legal

The Financial Sector Reform (Hayne Royal Commission Response) Bill 2020 introduced into Parliament departs significantly from the draft legislation as it relates to advice fees in superannuation – this is likely the reason for the delayed introduction and separation from the Hayne Royal Commission Response Bill.

Read More
Super Fund Mergers: Have You Considered Your Obligations To Members? - QMV Legal

It is no longer solely the domain of lawyers and judges to interpret the regulatory obligations placed on superannuation funds. It is an increasingly important skill for senior executives, risk, compliance, and even project and IT professionals.

Read More
A Matter Of Interpretation - Approaches To Interpreting Superannuation Legislation - QMV Legal

It is no longer solely the domain of lawyers and judges to interpret the regulatory obligations placed on superannuation funds. It is an increasingly important skill for senior executives, risk, compliance, and even project and IT professionals.

Read More