Intensity and Authenticity: The Duty to Give Real and Genuine Consideration in the Context of Superannuation Trusts

Trusts & Trustees, Vol. 22, No. 4, pp. 406–415, May 2016

Deakin Law School Research Paper No. 17-09

28 Pages Posted: 18 Sep 2019

See all articles by Samantha Hepburn

Samantha Hepburn

Deakin University, Geelong, Australia - Deakin Law School

Date Written: May 1, 2016

Abstract

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.

Suggested Citation

Hepburn, Samantha, Intensity and Authenticity: The Duty to Give Real and Genuine Consideration in the Context of Superannuation Trusts (May 1, 2016). Trusts & Trustees, Vol. 22, No. 4, pp. 406–415, May 2016, Deakin Law School Research Paper No. 17-09, Available at SSRN: https://ssrn.com/abstract=3005001

Samantha Hepburn (Contact Author)

Deakin University, Geelong, Australia - Deakin Law School ( email )

221 Burwood Highway
Burwood
Burwood, Victoria 3125, Victoria 3125
Australia

HOME PAGE: http://www.deakin.edu.au/law

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