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Intensity and authenticity: the duty to give real and genuine consideration in the context of superannuation trusts

Hepburn, Samantha 2016, 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, doi: 10.1093/tandt/ttv192.

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Title Intensity and authenticity: the duty to give real and genuine consideration in the context of superannuation trusts
Author(s) Hepburn, Samantha
Journal name Trusts & trustees
Volume number 22
Issue number 4
Start page 406
End page 415
Total pages 10
Publisher Oxford University Press
Place of publication Oxford, Eng.
Publication date 2016-05
ISSN 1363-1780
1752-2110
Summary  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.
Language eng
DOI 10.1093/tandt/ttv192
Field of Research 1801 Law
180112 Equity and Trusts Law
Socio Economic Objective 949999 Law, Politics and Community Services not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2016, Oxford University Press
Persistent URL http://hdl.handle.net/10536/DRO/DU:30081666

Document type: Journal Article
Collection: Law
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