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Law Council of Australia

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Exposure Draft of the Family Law (Superannuation) Regulations 2024

7 May 2024
 

On 1 May 2024, the Law Council provided a comprehensive submission in response to the Attorney-General’s Department’s consultation on draft Family Law (Superannuation) Regulations 2024. 

The proposed reforms are largely intended to modernise references, ensure alignment with the Family Law Act, provide clarity, and ensure that superannuation splitting arrangements keep pace with developments in superannuation products and with broader superannuation policy.  The Law Council’s submission, primarily guided by its Family Law Section and Legal Practice Section’s Superannuation Committee produced detailed responses against each of the 35 consultation questions.

A key focus of the Law Council’s submission was to identify opportunities for a more simplified process for splitting superannuation, noting that this is currently one of the more complex aspects of family law for parties to navigate. The Law Council will continue to monitor the progress of the reforms, including how the AGD responds to the Law Council’s recommendations prior to introducing the new Regulations into Parliament later this year.

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