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The Evolving Role of Trust in Superannuation

The Evolving Role of Trust in Superannuation

Edited by M Scott Donald and Lisa Butler Beatty

CONTENTS

Edited by M Scott Donald and Lisa Butler Beatty, on behalf of the Superannuation Committee of the Law Council of Australia

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.


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

   

Publishing 15 December 2017
Publisher The Federation Press
Hardback/336pp
ISBN 9781760021597
Australian RRP $195.00
International Price $178.00
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Law - Superannuation
Law - Equity & Trusts


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