Samantha Hepburn has made her paper, Intensity and Authenticity: The Duty to Give Real and Genuine Consideration in the Context of Superannuation Trusts, available for download. This article was published as a part of a Deakin Law School Research Paper. The abstract of this article, available on SSRN, reads as follows:
This article critically examines the suitability of the duty of a trustee to give real and genuine consideration when exercising discretionary powers in superannuation or pension trusts. The article reviews the rearticulation by the Australian High Court in Finch v Telstra of a ‘more intense’ real and consideration duty for superannuation trustees. It argues that this revised duty should be regarded as a temporary solution because longer term, the unique legal structure and social context of the superannuation trust demands judicial implementation of a substantively new, multilayered obligation that promotes reasonable, fair, and informed decision-making.
Posted by Katie Thompson, Assistant Editor of the Wealth Strategies Journal.
