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Divorce and super paper

Published on 24 Nov 15 by VICTORIAN DIVISION, THE TAX INSTITUTE

This paper covers:

  • the common problems:
    • the trust deed 
    • the failure to put documents into evidence
    • the failure to put records of contributions into evidence
    • confusion about members and non-members
    • valuation of an SMSF 
    • the failure to understand court power
    • the failure to take account of tax consequences
    • superannuation agreements have a specific tax issue
    • court orders - some recurring problems.

Author profile

Stephen Bourke ATI
Stephen holds an Arts/Law degree and received the prize for excellence on graduation awarded by the Australian Institute of Management. He is an accredited specialist with the Self-Managed Superannuation Fund Association (SMSFA). Stephen Bourke is a Director in a boutique legal practice, Certus Law, a practice that specialises in trusts and estates, together with superannuation law, property and tax law. Stephen Bourke is author of the text “Super Splitting for Family Lawyers” published in February 2011 and contributes regularly to the professional literature in superannuation law and estate law. - Current at 27 November 2015
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This was presented at Workshopping Current SMSF Complexities & Strategies .

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Individual sessions



SuperStream & SMSF

Author(s):  Shane Moore

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