The evolving role of trust in superannuation / editors M Scott Donald and Lisa Butler Beatty.

Leichhardt, N.S.W. : The Federation Press, 2017.

1st edition

88497

Pension trusts -- Law and legislation -- Australia.

Pensions -- Law and legislation -- Australia.

Trusts and trustees -- Law and legislation -- Australia.

Pension trusts -- Management -- Australia.

Part I: The policy and regulatory backdrop

1. The objectives of the superannuation supervisory legislation

2. Reflections on the design and manufacture of Australia's financial services

3. Beneficiary, investor, citizen: characterising Australia's super fund participants

Part II: The infrastructural role of trust law in the superannuation system

4. Equity and its relevance to superannuation schemes today

5. Equity and its role for superannuation pension schemes in the 1990s

6. The future of trust law in a regulated superannuation industry

7. The survival of the trustee model of governance in the era of financial engineering

8. Structuring super : courting the contract or trusting the trust?

Part III: The substantive role of trust law in the superannuation system

9. Trustees and their broader community : where duty, morality and ethics converge

10. Superannuation fund trustees and conflicts of interest

11. The superannuation trustee : are fiduciary obligations and standards appropriate?

12. Challenging the exercise of powers by trustees

13. Exercise by superannuation trustees of discretionary powers

14. Interpreting and exercising powers of amendment in superannuation trusts : an exercise in gloss?

15. Prudence under pressure

16. Institutional shareholders and corporate governance

17. Duties of superannuation trustees : from equity to statute.

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. - Publisher's website.

Includes bibliographical references and index.

9781760021597

xxv, 333 pages ; 25 cm