The team at Hindsight Legal Advisers are industry experts that have the expertise and experience to help you navigate the complex regulatory requirements that apply to setting up and maintaining a compliant self-managed superannuation fund (SMSF) under the Superannuation Industries Act 1993 (SIS Act).
Our lawyers have represented many SMSFs over the past decade and have also acted for some of Australia’s largest banks and lenders providing SMSF loans. This dual experience gives us (and our clients) a distinct competitive advantage because not only do we have the expertise and experience to ensure SMSF set-up is completed correctly, we also understand the unique policy requirements of large banks and lenders when financing SMSF loans.
Our years of experience and thorough understanding of both superannuation and property laws mean we’re uniquely equipped to advise SMSFs on all aspects of SIS Act compliance, handle the nuances of setting up SMSF Trust Deeds and Property Trust Deeds and assist with the financing requirements associated with purchasing property using your SMSF.
Our cost-effective, fixed-fee SMSF services provide you with certainty, while our dedicated team of expert SMSF lawyers provide you with the comfort of meticulous due diligence and rapid turnaround times.
If you would like to go ahead and use our trust deed documentation service, please obtain an instant quote and follow the steps to engage us.
How we can help
We offer a wide range of comprehensive SMSF set-up services tailored to you, including the following:
SMSF Trust Deed: As part of our SMSF set-up service, we draft SMSF Trust Deeds that satisfy the requirements of not only the SIS Act, but also banks and lenders to ensure your SMSF has the required powers to open bank accounts and borrow money to purchase assets such as property. If your SMSF Trust Deed doesn’t have these powers, most banks and lenders will require you to update your SMSF Trust Deed, which can add unneccessary costs and delays.
Property Trust Deed: We draft tailored Property Trust Deeds (or Security Trust Deeds) that satisfy the requirements of the SIS Act and comply with the requirements of all banks and lenders, allowing you to purchase property with your SMSF.
Deed of Variation: We can draft Deeds that vary any aspect of your SMSF Trust Deed or Property Trust Deed to correct or attend to any issues associated with your existing deed(s). We can also draft Deeds that remove existing trustee(s) and/or appoint new trustee(s).
Related Party Loan Agreement: We draft Related Party Loan Agreements that comply with both the SIS Act and the ATO’s guidance for Related Party Limited Recourse Borrowing Arrangements (LRBA), also known as the ATO’s safe-harbour guidance. For example, this may be required if you intend to lend funds to your SMSF for it to purchase property.
SIS Act Advice: We provide detailed SIS Act advice to SMSFs on specific complex SMSF scenarios including single acquirable assets, in-specie contributions, in-house assets, related party purchases, related party LRBAs and lost trust deeds (among others).
Conveyancing: Buying a property using your SMSF can be complex and can result in significant costs fo you if mistakes are made during the conveyancing process. It is threfore essential that you engage a lawyer/conveyancer that understands the SMSF borrowing/purchase structure to do things correctly the first time. We are those lawyers – as part of our Buying a Property service, we provide full-service legal assistance throughout your SMSF property purchase journey – from contract review (to ensure the property is a single acquirable asset) right through to settlement.
Ready to get started?
If you would like to go ahead and have us draft your SMSF Trust Deed, Property Trust Deed or Deed of Variation, please obtain an instant quote and follow the steps to engage us.
Why choose us?
Transparent Fixed-Pricing Structure: We implement a competitive fixed-pricing structure for all our SMSF services so that you have certainty from the beginning on our legal fees (for example, for an SMSF set-up, drafting bare trust deeds etc).
Market Leading Knowledge: Our lawyers are highly experienced in all SMSF set-up and property transaction matters, having worked at one of the largest law firms in the world and major banks, including Macquarie Bank and NAB
Highly Acclaimed Lawyers: Our lawyers are highly acclaimed in the Australian legal industry, having been recognised by many legal publications including Lawyers Weekly and the Legal 500
Dedicated Lawyer Managing your SMSF Matter, from Start to Finish: We truly care about our clients and so, we always go the extra mile to ensure you are looked after and adequately informed throughout the process. Your matter will be managed from start to finish by your dedicated lawyer. You can contact your lawyer at any time by phone or email
Chosen by Other Lawyers: Our lawyers are regularly contacted by other lawyers for advice on both simple and complex aspects associated with SMSFs, including purchasing property under an LRBA. This is one of our proudest achievements and reflects a trust in our legal services by others in our very own profession
Australia-wide Service Offering: We provide property services throughout Australia and so, can assist you regardless of where your SMSF or the property purchase is located