Recent Cases

Hill v Zuda Pty Ltd [2022] HCA 21 (15 June 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ)


Superannuation – Self managed superannuation fund – Binding death benefit nomination – Where reg 6.17A of the Superannuation Industry (Supervision) Regulations 1994 (Cth) prescribed standards for, relevantly, regulated superannuation funds for payment of member’s superannuation benefits to nominated person on or after member’s death – Where trust deed for self managed superannuation fund amended to insert “binding death benefit nomination” clause directing trustee as to payment of member’s benefits upon member’s death – Where appellant challenged validity of binding death benefit nomination clause on basis it did not comply with requirements of reg 6.17A – Whether reg 6.17A applied to self managed superannuation funds.

Precedent – Intermediate appellate courts – Obiter dicta of intermediate appellate courts – Decision-making principles in Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89.

Words and phrases – “binding death benefit nomination”, “compelling reason”, “intermediate appellate court”, “obiter dicta”, “plainly wrong”, “regulated superannuation fund”, “self managed superannuation fund”, “seriously considered dicta”, “SMSF”, “superannuation”.