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The True Nature of a Member's Interest in a superannuation Fund

Publication date: 01 Jan 02 | Source: JOURNAL OF AUSTRALIAN TAXATION

Issue: Vol 5, issue 1

Pages: pp. 1-33

Abstract:
Superannuation schemes may take many forms and the form may dictate the nature of members' interests. While there are some contractual rights associated with superannuation schemes, a superannuation fund is usually seen as a trust and thus the members are considered beneficiaries of the trust. This article discusses the members' interests with regards to case and statute law.

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Author profile

Justice Graham Hill
Graham was a Judge of the Federal Court of Australia from 1989 until his death in 2005. He was at various stages of his career a solicitor, barrister and Queens Counsel. Graham served as President of the Taxation Institute in 1985. As a solicitor and then as a barrister, two of Graham's many areas of expertise (in addition to income tax) were stamp duty and sales tax. He was the author of the leading text on New South Wales stamp duty. More recently, he took a keen interest in GST. For over 35 years, he taught in the Masters program conducted by the University of Sydney Law School. He was very proud of the fact that he was Australia's longest serving tax teacher. Justice Hill authored many books and was a regular keynote speaker for the Tax Institute. - Current at 24 August 2005
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