In 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 SMSF Auditors
(04:15 Case Law Impact on SMSFs: Hill vs. Zuda
(11:52 Katz vs. Grossman: Trustee Discretion and Family Disputes
(21:02 Aussiegolfa vs. Commissioner of Taxation
(21:43 The Sole Purpose Test and In-House Asset Rules
(25:42 Penalties and Compliance in SMSFs
(30:16 Auditors' Responsibilities and Landmark Cases
(34:34 The Melissa Caddick Case and Settlement Insights

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In this episode of the SMSF Experts, Shelley sits down with Caroline Bowler, CEO of BTC Markets, to explore the controversial yet fascinating role of cryptocurrency in SMSFs. With over 17 years of experience in financial services and a deep expertise in blockchain and digital assets, Caroline shares valuable insights on whether crypto qualifies as a complying SMSF asset. They delve into regulatory challenges, investment strategies, and the broader impact of digital assets on the industry.

(00:31) Diving into Cryptocurrency

(02:25) Understanding Blockchain and Bitcoin

(03:42) The Evolution of Money and Value

(04:52) Bitcoin's Global Relevance

(07:55) Real-World Applications of Crypto

(10:54) Tokenisation and the Future of Digital Assets

(21:29) Regulatory Challenges and Scams

(26:54) Building a Regulatory Framework for Crypto

(27:52) Impact of Global Regulations on Crypto Prices

(28:41) Australia's Need to Catch Up in Crypto Regulation

(30:23) Challenges and Opportunities in Crypto Investment

(35:24) Understanding Crypto Wallets and Security

(39:46) Risks of Complex Crypto Products for Trustees

(45:15) The Potential of NFTs Beyond Digital Art

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In this first episode of the new 2025 series, Shelley delves into the critical issue of elder protection within SMSFs. With alarming statistics from the AIFS National Elder Abuse Study revealing significant incidents of elder and financial abuse, the episode highlights the urgency of safeguarding elder SMSF members. Special guest Louise Biti, Director of Aged Care Steps and a seasoned expert with over 25 years in the industry, shares her invaluable insights and strategies to address these pressing challenges.

(00:30) Understanding Elder Abuse in SMSFs
(01:01) Meet Louise Biti: Aged Care Expert
(03:32) Personal Insights on Retirement Planning
(04:47) Challenges of Navigating Aged Care for Parents
(06:42) The Role of Advisors in Aged Care Planning
(11:59) Red Flags and Cognitive Aging
(17:14) Elder Abuse in SMSFs: Risks and Realities
(23:31) Inheritance Impatience: A Form of Elder Abuse
(25:47) Supported vs. Substituted Decision Making
(26:46) Role of Enduring Power of Attorney
(27:24) Handling Subjective Decisions
(28:36) Supporting Decision Making
(29:24) Dealing with Elder Abuse
(31:04) Understanding EPOAs
(33:16) Appointing an EPOA
(36:31) Joint EPOAs: Pros and Cons
(38:24) New Aged Care Act and Financial Implications
(42:31) Importance of Professional Advice
(44:35) Real-Life Elder Care Scenarios

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In this episode, we explore the ins and outs of in-house assets within self-managed super funds. Lyn Formica, Head of Education and Content at Heffron SMSF Solutions, joins Shelley to explain the regulations, benefits, and risks involved in helping SMSF trustees make informed decisions. With over 30 years of experience providing technical advice to SMSF professionals, Lynn offers valuable insights into managing these assets effectively.


(03:31) Understanding In-House Assets

(05:29) Exceptions to In-House Assets

(06:39) Challenges with Overseas Assets

(08:16) Market Valuations and In-House Assets

(11:43) Related Parties and In-House Assets

(14:32) Trustee Responsibilities for In-House Assets

(21:13) Understanding Trust Legislation and Tainting

(22:11) Timing and Compliance with ATO Rules

(22:56) Dealing with NALI Provisions and Exiting Investments

(24:40) Navigating Trustee Changes and Death Benefits

(27:02) Section 85: Anti-Avoidance Provisions

(34:01) Advising Clients on In-House Assets

(39:58) War Stories and Real-Life Examples

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In today's episode of The SMSF Experts, we’re looking into the essential strategies and insights needed to manage a successful Self-Managed Super Fund. From foundational principles to advanced techniques for tax efficiency and investment diversification, we cover key areas that can make a big impact on your SMSF journey. Joining us is Liam Short, Managing Director of Sonas Wealth. With over 30 years of experience in financial services, Liam is renowned for his practical, holistic approach to helping people take control of their wealth.

(01:36) The Evolution of Financial Planning

(04:03) Setting Up Your First SMSF: Key Advice

(05:30) Understanding SMSF Returns and Risks

(07:31) The Importance of an Exit Strategy

(11:43) Current Trends in SMSF Investments

(17:34) Common Mistakes and How to Avoid Them

(21:34) The Importance of Trustee Compliance

(21:57) Creating an Investment Portfolio for SMSF Clients

(24:13) The Role of Education in Early Super Contributions

(26:57) Regularly Reviewing and Updating Investment Strategies

(33:33) Navigating the New Division 296 Tax

(36:03) Family Dynamics in SMSF Management

(39:34) Interest Rates and Investment Strategies

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In this episode, we’re deep-diving into the 2024 Annual Benchmark Report from Class Super. The report provides a comprehensive look at the SMSF landscape, highlighting what's working, where improvements are needed, and offering actionable insights for the future.

Joining Shelley are two industry heavyweights: Tim Steele, CEO of Class, and Kate Anderson, General Manager of Operations, who bring over 50 years of expertise in financial services to the table. Shelley, Tim and Kate break down the data together and discuss what it all means for SMSF professionals and trustees.

(00:22) Overview of the 2024 Annual Benchmark Report

(03:17) Discussion on Non-Concessional Contributions

(07:46) Engaging Younger SMSF Members

(14:07) Addressing the Gender Gap in Superannuation

(21:08) Pension Phase Insights and Retirement Strategies

(24:50) Understanding Pension Start Delays

(25:20) Fear of Running Out of Money in Retirement

(26:32) Legacy and Spending in Retirement

(27:45) Division 296 and Its Implications

(28:45) Impact of Division 296 on Property Investments

(31:22) Indexation and Future Tax Implications

(35:29) The Role of Financial Advice in Retirement

(42:23) Technological Advancements in SMSF Management

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In today’s episode, we’re unpacking the arm’s length rules and examining their significance in the SMSF world and their effect on compliance. Joining us to provide expert guidance is Mary Simmons, Head of Technical at the SMSF Association.


(02:56) Understanding Arm's Length Rules

(03:24) Section 109 Explained

(08:38) Real Bargaining and Arm's Length Transactions

(11:00) Practical Examples and ATO Guidelines

(21:02) Loans and Related Party Transactions

(35:59) Documentation and Compliance Tips

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For more episodes and to sign up for the ASF Audits newsletter, please visit asfaudits.com.au

In Episode 17 of The SMSF Experts, Shelley is joined by Clinton Jackson, a partner at Cooper Grace Ward Lawyers, to discuss the complexities of trust deeds in SMSFs. Shelley and Clinton discuss the importance of having a tailored and flexible trust deed and share practical tips and strategies for ensuring the trust deed is up to date.

(03:49) Understanding Trust Deeds: The Good, Bad, and Ugly
(08:38) The Importance of Corporate Trustees
(10:48) Challenges in Signing and Witnessing Deeds
(17:22) Updating Trust Deeds: When and Why
(20:27) Principal Employer Sponsors: Legacy Issues and Solutions
(25:26) Case Studies: Trust Deed Disasters and Resolutions
(29:51) Dealing with Trustee Disputes

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Follow Shelley: Linkedin

For more episodes and to sign up for the ASF Audits newsletter, please visit asfaudits.com.au