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Asset protection - Just how safe is your superannuation? paper

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Published on 31 Oct 13 by NEW SOUTH WALES DIVISION, THE TAX INSTITUTE

We assume assets in a super fund are safe, this is not true. What are the true limits including:

  • the nature of rights in super and shaping this is vital
  • how members, non-members and others can access assets in super funds
  • the apparent attitude of the ATO to recovery of tax debts from superannuation funds
  • rights of other creditors to claim moneys from the trustee of a super fund in respect of a member
  • the implications of the decision in Denlay.

Author profile

Peter Bobbin CTA
Photo of author, Peter BOBBIN Peter Bobbin, CTA, is a leading legal veteran in trusts, taxation, superannuation and estate planning. In his 40 year-plus advising career he has not only seen and advised on all issues in superannuation, he was there when modern superannuation first happened and at every change, he is that old! In 2015, Peter was honoured by the Tax Institute as the Tax Advisor of the Year (SME) and recently was the Australian Chair of the Society of Trust and Estate Practitioners. As a former university lecturer and accountant, Peter claims that he can speak both accountant’eaase and legal’ease. Outside of work, Peter is an enthusiastic cyclist with three great loves; good food, good wine and one other. - Current at 09 July 2025
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This was presented at NSW 10th Annual Estate and Business Succession Planning .

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