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Vol 23 No 5 May/June 2018

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The Evolving Role of Trust in Superannuation

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Edited by: M Scott Donald, Lisa Butler Beatty

ISBN13: 9781760021597
Published: December 2017
Publisher: The Federation Press
Country of Publication: Australia
Format: Hardback
Price: £110.00



Low stock.

The Law Council of Australia has held an annual conference on the law of superannuation each year since 1990. Over the years papers have been delivered by some of Australia, Canada and the UK’s leading judges, legal practitioners and academics. The papers have in many cases laid the foundation for, and explained the consequences of, the successive rounds of regulatory reform seen in the Australian superannuation system.

This book represents the first time that these seminal papers have been collected in the one place. As such it offers a unique perspective on the evolving conversation that has informed the regulatory scheme and shaped Australia’s superannuation system.

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Subjects:
Equity and Trusts, Other Jurisdictions , Pensions Law, Australia
Contents:
Preface
Justice David Hayton
Foreword on behalf of the Superannuation Committee of the LCA
Andrew Fairley AM
Introduction
Dr M Scott Donald and Dr Lisa Butler Beatty
THE POLICY AND REGULATORY BACKDROP
The Objectives of the Superannuation Legislation (1994)
Donald Duval
Reflections on the Design and Manufacture of Australia’s Financial Services Regulation (2006)
Professor Pamela Hanrahan
Beneficiary, Investor, Citizen? Characterising Australia’s super fund participants (2008)
Dr M Scott Donald
THE INFRASTRUCTURAL ROLE OF TRUST LAW IN THE SUPERANNUATION SYSTEM
Equity and its Relevance to Superannuation Today (1992)
Lord Browne-Wilkinson
The Direction of Equity and Its Role for Superannuation Pensions Schemes in the 90s (1994)
Lord Justice Hoffmann
The Future of Trust Law in a Regulated Superannuation Industry (1997)
Dr Donovan Waters QC
The Survival of the Trustee Model of Governance in the Era of Financial Engineering (2009)
Associate Professor Ronald B Davis
Structuring Super: Courting the Contract or Trusting the Trust (2010)
Dr Lisa Butler Beatty
THE SUBSTANTIVE ROLE OF TRUST LAW IN THE SUPERANNUATION SYSTEM
Trustees and Their Broader Community: Where Duty, Morality and Ethics Converge (1995)
Lord Nicholls of Birkenhead
Superannuation Fund Trustees and Conflicts of Interest (1999)
David Maclean
The Superannuation Trustee: Are Fiduciary Obligations and Standards Appropriate? (2007)
Hon Margaret Stone
Challenging the Exercise of Powers by Trustees (2007)
Professor Geraint Thomas
Exercise by Superannuation Trustees of Discretionary Powers (2008)
Hon Joseph Campbell
Interpreting and Exercising Powers of Amendment in Superannuation Trusts – An Exercise in Gloss (2008)
Professor Gino Dal Pont
Prudence under Pressure (2009)
Dr M Scott Donald
Institutional Shareholders and Corporate Governance (2010)
Hon James Spigelman AC
Duties of Superannuation Trustees: From Equity to Statute (2012)
Hon Ronald Sackville AO QC