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.
History
Journal
Trusts & trustees
Volume
22
Pagination
406-415
Location
Oxford, Eng.
ISSN
1363-1780
eISSN
1752-2110
Language
eng
Publication classification
C Journal article, C1 Refereed article in a scholarly journal