The NSW Supreme Court's decision in Gainer Associates has crucial implications for self-managed superannuation funds. The case examined Gainer’s attempts to amend its governing rules, specifically addressing the distribution of death benefits and the remuneration of trustees. This case highlights the court’s emphasis on compliance with the Superannuation Industry (Supervision) Act 1993 and the importance of transparency with regulatory bodies.

The Gainer case serves as a vital reminder for SMSF trustees to prioritise due diligence, transparency, and adherence to compliance standards.

A transfer of dutiable property made without monetary consideration to a trustee or custodian of a complying superannuation fund where there is no change in the beneficial ownership of the property. 

Transfer of property due to a change of trustee