image of Jane PaskinJane Paskin

Clayton Utz Consultant , Sydney T +61 2 9353 4205 https://www.claytonutz.com

With over 20 years of superannuation law experience, Jane Paskin has advised a wide range of clients – including trustees of retail and industry funds – on many aspects of the development and operation of the superannuation industry. 

Recognised for the practical approach she takes to the law, she is committed to generating outcomes for her clients quickly and cost-effectively. Significantly, Jane has acted for the Australian Prudential Regulation Authority.

In addition, Jane is particularly skilled in investment governance and unit pricing, and her governance insights are informed by currently serving on a number of boards. She is currently Chair of Rice Warner Actuaries, is a director at Barnardos Australia and Clearview Life Nominees Pty Limited and has been a director of the Association of Superannuation Funds of Australia Limited (ASFA).

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Expertise

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Superannuation and Pensions

APRA: In 2011/2012 Jane was appointed by APRA as an Inspector for the purposes of the Superannuation Industry (Supervision) Act (SIS Act) and in that role conducted an investigation into the affairs of a large superannuation fund.

 

ACT Super: this trustee entity was appointed the Acting Trustee by APRA to various Astarra/Trio superannuation funds that were the victims of significant fraud. Jane has advised on a full breadth of issues including applications for compensation under Part 23 of the SIS Act, trustee duties and obligations under the SIS Act and trust law generally.

 

Confidential client: Jane is advising a financial institution in relation to a fraud impacting superannuation clients. This is a multi-partner matter involving expertise across litigation and financial services.

 

ANZ Wealth: Jane advised on the transfer of the assets and members of over 40 employer plans from The Corporate Superannuation Master Trust (which ANZ acquired from Legg Mason) to the OnePath MasterFund. She regularly advises ANZ Wealth on a variety of other superannuation issues.

 

Commonwealth Bank of Australia and others: Jane is advising a number of large financial institutions on unit pricing error remediation, including advising on and negotiating restitution methodologies and reviewing communications about those errors to members.

 

AMP: Jane acted for AMP Superannuation Limited on a variety of matters, including successor fund transfers to its SignatureSuper product, product disclosure, product development, corporate governance and risk management.

 

Energy Industry Superannuation Scheme: Jane advised the trustee in relation to the purchase of FuturePlus (being a superannuation administration business).

 

Origin Energy and Ecogen: Jane advised these employers in negotiating participation agreements with Equipsuper.

 

Department of Finance & Deregulation: Jane advised the Department in relation to the administration arrangements for Commonwealth public sector superannuation funds.

 

WA Department of Treasury and Finance: Jane advised in connection with a proposal to allow insurance for casual employees under the West State Super Scheme and GESB Super Scheme to be provided on an opt-in basis, rather than automatically. This involved advising on a wide range of superannuation matters including the consistency of the proposal with superannuation legislation and the trustees' duties under the general law.

 

ExxonMobil Superannuation Fund: Jane represented the trustee in the Supreme Court of Victoria proceedings, in what is believed to be the largest superannuation litigation in the Asia-Pacific region. The case involved questions of construction and rectification. Jane advised the trustee in relation to defined benefit trust deed amendments, trustee obligations, outsourcing arrangements and all communications to members and retirees under the SIS Act and Corporations Act. 


See Superannuation and Pensions

Governance and Compliance

APRA: In 2011/2012 Jane was appointed by APRA as an Inspector for the purposes of the Superannuation Industry (Supervision) Act (SIS Act) and in that role conducted an investigation into the affairs of a large superannuation fund.

ACT Super: this trustee entity was appointed the Acting Trustee by APRA to various Astarra/Trio superannuation funds that were the victims of significant fraud. Jane has advised on a full breadth of issues including applications for compensation under Part 23 of the SIS Act, trustee duties and obligations under the SIS Act and trust law generally.


See Governance and Compliance

Insurance and Risk

WA Department of Treasury and Finance: Jane advised in connection with a proposal to allow insurance for casual employees under the West State Super Scheme and GESB Super Scheme to be provided on an opt-in basis, rather than automatically. This involved advising on a wide range of superannuation matters including the consistency of the proposal with superannuation legislation and the trustees' duties under the general law.

See Insurance and Risk

Funds Management

Commonwealth Bank of Australia and others: Jane is advising a number of large financial institutions on unit pricing error remediation, including advising on and negotiating restitution methodologies and reviewing communications about those errors to members. 

 

See Funds Management

Knowledge

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