Superannuation and Bankruptcy: Is There a Mid-Life Crisis Looming?

14 Pages Posted: 1 Dec 2017

See all articles by Jennifer Dickfos

Jennifer Dickfos

Griffith University

Catherine Brown

Griffith University

Jason Bettles

Queensland University of Technology - QUT Business School

Date Written: November 28, 2017

Abstract

Research suggests that Australian bankrupts are increasingly older, have professional backgrounds and generally enjoy higher levels of income than has previously been the case. Significantly, available data also indicates that the numbers of persons entering into bankruptcy hold greater levels of real property, and associated mortgage debt, than in previous decades. Given these trends, the importance of protecting superannuation funds becomes paramount to a bankrupt. However, this paper argues that there is a need to balance the protected asset status of superannuation funds with other objectives, such as achieving a fair distribution of the bankrupt’s assets among creditors. This paper examines the extent to which this balance is achieved, particularly in the context of self-managed superannuation funds.

Keywords: Superannuation, Bankruptcy

JEL Classification: K35, K23

Suggested Citation

Dickfos, Jennifer and Brown, Catherine and Bettles, Jason, Superannuation and Bankruptcy: Is There a Mid-Life Crisis Looming? (November 28, 2017). (2017) 17 QUT Law Review 114; Griffith University Law School Research Paper No. 17-24. Available at SSRN: https://ssrn.com/abstract=3079030

Jennifer Dickfos (Contact Author)

Griffith University ( email )

Gold Coast Campus
Parklands Drive
Southport, 4217
Australia

Catherine Brown

Griffith University ( email )

170 Kessels Road
Nathan, Queensland QLD 4111
Australia

Jason Bettles

Queensland University of Technology - QUT Business School

GPO Box 2434
Brisbane, Queensland 4001
Australia

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