“Equivalent Rights” for Members

When the Trust Estate(fund) of one superannuation trust is transferred to the Trust Estate of another superannuation trust care must be taken that the Transferor Trustee does not commit a Breach of Trust.

Likewise the Transferee Trustee would not wish to be held accountable in equity for the receipt of trust assets in Breach of Trust pursuant to the first limb of Barnes v Addy.

For is reason APRA has included a disclaimer in its guidance document, noting that the document does not cover all aspects of the law relating to superannuation trusts as well as making the recommendation to seek professional advice.

APRA Disclaimer
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