Bar News published a case note authored by Winsome Hall which analyses the High Court decision in Hill v Zuda Pty Ltd as trustee for The Holly Superannuation Fund [2022] HCA 16.
The case is a reminder that the terms of a trust deed are key: the High Court confirmed that a self-managed superannuation fund could incorporate into its trust deed a binding death benefit nomination that supersedes the requirements of the Superannuation Industry (Supervision) Regulations 1994 (Cth).
The High Court also reaffirmed two principles on the status of precedents arising from Farah Constructions. First, that an intermediate appellate court should not depart from seriously considered dicta of a majority of the High Court. And secondly, that neither an intermediate appellate court nor a judge at first instance should depart from a decision of another intermediate appellate court unless the decision is plainly wrong (or there is a compelling reason to do so).
Read Winsome’s case note here.
Click here to view the profile of Winsome Hall
