Hill v Zuda – High Court confirms that SISR formalities, for BDBNs do not apply to SMSFs – whilst also clarifying ‘comity’ obligations between different jurisdictions

Tax Month - July 2022

The High Court has dismissed an appeal from the WA Court of Appeal and ruled that reg 6.17A of the SIS Regs does not apply to self-managed superannuation fund (SMSFs), and therefore clauses in an SMSF’s deed operated as a binding death benefit nomination (BDBN). In the process the High Court made it clear the…

Hill v Zuda – High Court confirms SISR 6.17A does not prescribe BDBN standards on SMSFs (and comments on following sister court ‘dicta’)

Tax Month - July 2022

On 15 June 2022, the High Court unanimously dismissed an appeal from a decision of the Court of Appeal of the Supreme Court of Western Australia concerning the operation of reg 6.17A of the Superannuation Industry (Supervision) Regulations 1994 (Cth) [SISR]. That regulation relevantly prescribed standards for how a member of a regulated superannuation fund is…