Melbourne Law School - Theses

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Author: O'Sullivan, Elizabeth × End date: 1999 × Start date: 1990 × Subject: Australia × Subject: Law and legislation ×

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    The rights of members of superannuation funds
    O'Sullivan, Elizabeth ( 1991)
    In this thesis, the current law in respect of the rights of members of superannuation funds is examined. Trust law as well as a number of statutes including the trustee legislation of the various states and territories, the Occupational Superannuation Standards Act and Regulations, the Income Tax Assessment Act, the Life Insurance Act, the Corporations Act and certain pieces of industrial legislation are relevant to this inquiry. The actual provisions contained in the trust deed which governs the superannuation fund will also be crucial and the effect of usual superannuation trust deed provisions which are likely to be of most concern to fund members are considered. A case is then put that there is a need for reform and some proposals for suitable changes to the present law are suggested. Finally, the changes in respect of superannuation announced in the 1991 Federal budget are considered and the conclusion is reached that while the changes proposed there seem to be worthwhile, many areas remain which require reform.