Shows
The SMSF Experts with Shelley BantonHow Case Law Impacts SMSFs with Bryce FigotIn this episode of THE SMSF Experts, Shelley is joined by Bryce Figot, special counsel at DBA Lawyers, to discuss the significant impact of case law on SMSF trustees and compliance obligations. With over 21 years of experience in tax and superannuation, Bryce shares insights on landmark cases like Hill v. Zuda, Katz v. Grossman, and the consequences for SMSF professionals and auditors. Shelley and Bryce dive into how these legal precedents have shaped best practices, estate planning, and the nuances of trustee responsibilities within the SMSF industry. (01:16 The Fascination with Self-Managed Super Funds(02:20 Championing S...2025-04-2942 min
Financial Services Podcast NetworkSMSF: Overcoming challenges in auditing complianceWith auditing season in full swing and the ATO increasing its scrutiny of the sector, this week’s SMSF Adviser podcast focuses on the challenges auditors may face regarding compliance. Hosts Keith Ford and Aaron Dunn are joined by legal specialist Bryce Figot from DBA Lawyers, one of the sector’s leading experts in the intricacies of SMSF auditing, to discuss what’s involved in managing the myriad regulatory obligations SMSF auditors now face. Figot touches on, among other things, the Tax Office’s renewed focus on auditor compliance for 2025 – especially in maintaining professional standards and qualit...2025-03-1446 min
The SMSF Adviser ShowOvercoming challenges in auditing complianceWith auditing season in full swing and the ATO increasing its scrutiny of the sector, this week’s SMSF Adviser podcast focuses on the challenges auditors may face regarding compliance. Hosts Keith Ford and Aaron Dunn are joined by legal specialist Bryce Figot from DBA Lawyers, one of the sector’s leading experts in the intricacies of SMSF auditing, to discuss what’s involved in managing the myriad regulatory obligations SMSF auditors now face. Figot touches on, among other things, the Tax Office’s renewed focus on auditor compliance for 2025 – especially in maintaining professional standards and qualit...2025-03-1246 min
The SMSF Adviser ShowThe impact of Hill v Zuda on SMSF documentsBryce Figot explains the practical implications of the High Court decision Hill v Zuda and what documentation requires an update. In this latest episode of the SMSF Adviser Show, DBA Lawyers special counsel Bryce Figot discusses the outcome of the recent Hill v Zuda decision by the High Court and what this means for binding death benefit nominations. With the High Court determining that regulation 6.17A does not apply to SMSFs, Bryce explains why SMSFs may want to remove clauses from their trust deed that purposely or accidentally opt into this regulation. He als...2022-06-2926 min
DBA Lawyers PodcastWill the High Court uphold that an SMSF BDBN can last indefinitely?In this episode of the DBA Lawyers Podcast, Zacharia Galloway, Lawyer and Daniel Butler, Director, discuss the upcoming appeal to the High Court to consider the decision of Hill v Zuda Pty Ltd [2021] WASCA 59 (Hill v Zuda).
In Hill v Zuda, the Western Australia Court of Appeal appeared to have settled the debate and confirmed that an SMSF BDBN can last indefinitely provided that the deed for the SMSF was written appropriately. The Court of Appeal stated in it’s decision that it was sound law “until such time as the decision is overruled by the High Cour...2021-11-2926 minDBA Lawyers PodcastA Family Affair — D’Arcy v Emergency Services Superannuation Board (Review and Regulation) [2021] VCAT 952In this episode of the DBA Lawyers Podcast, Zacharia Galloway, Lawyer and Bryce Figot, Special Counsel, discuss the recent VCAT decision D’Arcy v Emergency Services Superannuation Board (Review and Regulation) [2021] VCAT 952 (D’Arcy) and also discuss the upcoming Director Identification Number (DIN) requirements and what that means for company directors.
Zac and Bryce briefly discuss the recent changes being introduced that require all company directors in Australia to obtain a DIN. The key dates to be aware of are summarised below:
All directors appointed on or before 31 October 2021 must obtain a DIN by 30 November 2022.
All dire...2021-10-2821 minDBA Lawyers PodcastWhat is new in the world of pensionsIn this episode of the DBA Lawyers Podcast, Zacharia Galloway, Lawyer and Bryce Figot, Special Counsel, discuss what is new in the world of pensions following the Federal Budget announcements on 11 May 2021.
Bryce shares some practical tips for commuting and restarting a pension prior to or on 1 July. Bryce also discusses the legislative fix to assist those seeking to rollover death benefits in order to start a pension.
Zac and Bryce also discuss the latest changes to legacy pensions announced in the Federal Budget for 2021-2022. Broadly, the changes will ‘allow individuals to exit a sp...2021-06-3024 minDBA Lawyers PodcastLost deeds, TBC indexation and SMSFs involved in property developmentIn this episode of the DBA Lawyers Podcast, Zacharia Galloway, Lawyer and Bryce Figot, Special Counsel, discuss what to do if you lose your trust deed, the first indexation of the Transfer Balance Cap (TBC) and the traps to be aware of for SMSFs involved in property development.
A lost trust deed is an unfortunate but also common scenario when dealing with both trusts and SMSFs. Bryce discusses the recent case The application of M & L Richardson Pty Limited [2021] NSWSC 105 that highlights where a court may make an order for a trust to be administered on the...2021-02-2821 min
Tax Talks280 | Property Development within an SMSFProperty development within an SMSF can be done but is fraught with danger as Bryce Figot of DBA Lawyers will tell you.
2021-02-1438 min
The SMSF Adviser ShowEmerging risks on the SMSF property development frontFollowing the release of the SMSFRB 2020/1 earlier this year which highlighted the ATO’s concerns about new and emerging risks with SMSF property developments, DBA Lawyers special counsel Bryce Figot outlines what some of the ongoing issues are with these types of arrangements. Bryce identifies what some of the red flag areas are for the regulator and where these arrangements tend to fall over from a compliance perspective.2021-01-0527 minDBA Lawyers PodcastBreaking down Aussiegolfa Pty Ltd (Trustee) v Commissioner of Taxation [2018] FCAFC 122In this episode of the DBA Lawyers Podcast, Bryce Figot, Special Counsel and Shaun Backhaus, Lawyer discuss the case of Aussiegolfa Pty Ltd (Trustee) v Commissioner of Taxation [2018] FCAFC 122 (‘Aussiegolfa’).
Bryce and Shaun discuss the in-house asset issue, explain what the case tells us about the sole purpose test and also discuss how advisers should proceed in light of this case and the ATO’s response.
For a chance to have your SMSF query addressed on the show, please send your questions to zgalloway@dbalawyers.com.au.
Related articles and links below.
The s...2020-12-2326 minDBA Lawyers PodcastSMSF succession planning — who receives the benefits and who gains control?In this episode of the DBA Lawyers Podcast, Bryce Figot, Special Counsel and William Fettes, Senior Associate discuss SMSF succession planning and some practical tips and traps.
SMSF succession planning is a critical component of each member’s SMSF strategy and is often overlooked. The two key questions to ask when formulating an SMSF succession plan is where a member’s death benefit should be paid and who should control the fund in the event of loss of capacity or death.
Bryce and William address some common misunderstandings with SMSF succession planning such as whether the...2020-10-3036 minDBA Lawyers PodcastForeign purchaser duty and land tax — a complex web of State taxesIn this episode of the DBA Lawyers Podcast, Bryce Figot, Special Counsel and Shaun Backhaus, Lawyer, discuss the foreign purchaser duty and land tax surcharges that have been adopted by various states and territories.
The foreign purchaser duty and land tax provisions are additional surcharges that, broadly, are applied to foreign persons purchasing residential property in Australia. These provisions capture foreign natural persons, foreign trusts, and foreign corporations. The provisions are complex and many may consider they are not caught when in fact they are given the breadth of the legislative provisions.
Discretionary trusts are...2020-10-0427 minDBA Lawyers PodcastUnderstanding the DBA Lawyers SMSF deedBryce Figot and Daniel Butler provide you with an insight into the many value-added features of the DBA Lawyers SMSF deed. They are both wanting to ensure our adviser clients can provide the best service to their SMSF clients having a deeper understanding of the strategies that can be unlocked by using our SMSF deed.
Show notes:
In this episode of the DBA Lawyers Podcast, Bryce Figot, Special Counsel and Daniel Butler, Director, discuss the DBA Lawyers SMSF deed (aka SMSF governing rules) and break down some of its many value-added features.
When...2020-08-3143 minDBA Lawyers PodcastSMSFs and rent relief due to COVID-19 and how to make a BDBN without witnessingIn this first episode of this brand new podcast by DBA Lawyers, we discuss the topics of SMSFs and rent relief due to COVID-19 and how to make a binding death benefit nomination ('BDBN') in a world where it may be difficult, if not illegal, to have two independent witnesses present.
Our aim with this podcast is to keep you, especially our clients and other listeners educated and up to date with what is going on in the world of SMSFs and what we at DBA Lawyers are doing.
Firstly, we di...2020-05-0329 min