Hill v Zuda Pty Ltd

[2021] WASCA 59

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Superannuation
2. › Self managed superannuation funds
3. › Binding death benefit nominations
4. › Whether regulations prescribing standards for valid binding death benefit nominations apply to self managed superannuation funds
5. › Superannuation Industry (Supervision) Act 1993 (Cth), ss 31, 34(1), 55A, 59
6. › Superannuation Industry (Supervision) Regulations 1994 (Cth), reg 6.17A
1. Courts and Judges
2. › Precedent
3. › Intermediate appellate courts
4. › Construction of Commonwealth legislation
5. › Whether intermediate appellate court bound by construction adopted by another intermediate appellate court
6. › Whether construction plainly wrong
7. › Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89

Quick Take

Binding death benefit nominations for SMSFs are governed by the trust deed, not by the witnessing and expiry requirements in reg 6.17A(6) and (7) of the SIS Regulations, and this position is settled at intermediate appellate level pending any High Court determination.

Case Details

Citation[2021] WASCA 59

CourtWASCA

JurisdictionWestern Australia

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Cited by3

2022Hill v Zuda Pty LtdHCA 21
2021Zaghloul v BaylyWASCA 125
and 1 more after sign-in

Relies on8

2020NRW Contracting Pty Ltd v Cliffs Asia Pacific Iron Ore Pty LtdWASCA 107
2018Narumon Pty Ltd, ReQSC 185
2018The Queen v FalzonHCA 29
2016Retail Employees Superannuation Pty Ltd v PainSASC 121
and 4 more after sign-in

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