Hill v Zuda Pty LtdCitation:[2022] HCA 21Before:Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward, Gleeson JJDate:15 Jun 2022Case Number:P48/2021Read more
Regulation 6.17A of the Superannuation Industry (Supervision) Regulations 1994 (Cth) does not apply to self managed superannuation funds; therefore, the validity of a binding death benefit nomination in a SMSF is determined by the trust deed and general law.
- Parties
- Appellant: Appellant; Respondent: Respondent
- Jurisdiction
- Australia
- Judgment Date
- 15 June 2022
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Binding Death Benefit Nomination, Application of Regulations to Smsfs, Obiter Dicta, Precedent
Case Brief
Summary, issues, holding and outcome
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Parties
Appellant
Appellant
Respondent
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Does regulation 6.17A of the Superannuation Industry (Supervision) Regulations 1994 (Cth) apply to self managed superannuation funds?
- 2 Is a binding death benefit nomination clause in a SMSF trust deed valid if it does not comply with reg 6.17A?
Ratio Decidendi
Regulation 6.17A of the Superannuation Industry (Supervision) Regulations 1994 (Cth) does not apply to self managed superannuation funds; therefore, the validity of a binding death benefit nomination in a SMSF is determined by the trust deed and general law.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
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