Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

[Issues 1] The Van Higgs Hass self-managed superannuation fund was registered as a self-managed superannuation fund on 1 July 2021 (the Fund). Mr and Mrs

[Issues 1]

The Van Higgs Hass self-managed superannuation fund was registered as a self-managed superannuation fund on 1 July 2021 (the "Fund"). Mr and Mrs Hass and their son Avocado (16 years old) were the only members of the Fund. Mr and Mrs Hass are the only trustees of the Fund. At one time during the year, for no apparent reason, Mr Hass was the only trustee of the Fund.

[Issues 2]

Between at least 1 July 2021 and May 2022 Mr and Mrs Hass carried on a plum business in Queensland. During this period, the business suffered financial difficulties. Mr and Mrs Hass became bankrupt on their petitions in May 2022 because of personal debts incurred in the carrying on of the avocado business.

[Issues 3]

Between 1 and 3 July 2021 the Fund was capitalised by rollovers from other complying superannuation funds, being Lula Super, Maluma Super and Reed Fund. The following amounts were deposited into the Fund's bank account: $35,000; $40,000 and $60,000.

[Issues 4]

On 4 July 2021 Mr and Mrs Hass each contributed $15,000 as a concessional contribution. The maximum concessional amount for that year was $27,500. Mr Hass earned $145,000 (including 10.5% SG) and Mrs Hass earned $75,000 (including 10.5% SG) in that financial year. On 14 July 2021, Mrs Hass tipped in an additional $6,000.

[Issues 5]

Mr Hass asked Mrs Hass if she was interested to learn about a studio flat the Fund was interested in purchasing but she said, 'you're the boss' and 'anyway, I'm planning the trip to Cypress that you asked me to do'!

[Issues 6]

The son was very happy with the Fund's purchase as he was intending to use it to live in to save rent.

Note: In your answers to the questions below refer to the relevant provision of the Superannuation Industry (Supervision) Act 1993 (the "Act") and explain how those provisions are relevant to your answer.

Advise Mrs Has whether she has breached her duties as trustees and the consequences of such breach or breaches, making specific reference to her breaches

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access with AI-Powered Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Foundations of Financial Management

Authors: Stanley Block, Geoffrey Hirt, Bartley Danielsen, Doug Short, Michael Perretta

10th Canadian edition

1259261018, 1259261015, 978-1259024979

Students also viewed these Law questions