Superannuation - protection for investors

Article Abstract:

The additional regulation of investment and protection of investors implemented under the Australian Superannuation Industry (Supervision) Act 1993 is a significant improvement over other regulation of collective investment. The additional protections are warranted in light of limitations placed on these employer-provided investment vehicles and their compulsory nature. The covenant system for imposing duties on superannuation fund operators should, however, be replaced with laws that impose these duties more directly.

Social security, Social security law, Fiduciary duties

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The role of the employment contract in superannuation: an analysis focusing on surplus repatriation powers conferred on employers

Article Abstract:

The doctrine of implied obligation of good faith should not be strictly applied to employment contracts regarding superannuation funds. Instead, repatriation powers of employers should be considered in the broad context of industrial or commercial purpose. This could facilitate distribution of benefit plan or fund surpluses to employers instead of employees or beneficiaries. Legislation and case law is discussed.

Analysis, Interpretation and construction, Labor contracts, Good faith (Law)

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Maxwell and the accountability of superannuation schemes in Australia: a critical review of law reform

Article Abstract:

The Australian government has proposed inadequate legal reforms for pension funding in the wake of the scandal involving the Maxwell Group. Proposals have come from the Trade Practices Commission, a Senate Select Committee and the Collective Investments Review. These proposals are inconsistent and do not address the depth of the fraud problems which are ongoing for other companies besides the Maxwell Group.

Finance, Fraud, Mirror Group PLC, Robert Maxwell Group Ltd.

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