Mercer v Billinghurst: Some lessons for trustees

Last week, the Full Court of the Federal Court handed down judgement in Mercer Superannuation (Australia) Limited v Billinghurst.[1]  Greenfields acted for Mr Billinghurst.  This was the third decision against the trustee (following the determination of the Superannuation Complaints Tribunal[2] (SCT) and the judgment of Moshinsky J in first instance[3]). Mr Billinghurst was a retired…

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Update: The Beck decision

Supplementary NSW Supreme Court decision: 
Beck v Colonial Staff Super Pty Ltd (No.2) July 2015 decision In July this year, the NSW Supreme Court (Court) upheld a claim that the actions of the trustee of the Commonwealth Bank Officers’ Fund were void. In particular, the Court held that the deletion of a discretionary power to…

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Insurance claims – a new trend to place trustees in the firing line?

There are definite trends in superannuation litigation, particularly in relation to insured benefits. Many funds will have noticed that proceedings are often being commenced earlier than they were in the past.  More recently we have noticed that plaintiffs are also seeking ways to render trustees liable for failing to take a more proactive role in…

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