Superannuation and Bankruptcy: Is there a Mid-Life Crisis Looming?

  • Jennifer Dickfos Griffith University
  • Catherine Brown Griffith University
  • Jason Bettles Worrells, Gold Coast, Australia.

Abstract

Research suggests that Australian bankrupts are increasingly older, have professional backgrounds and generally enjoy higher levels of income than has previously been the case. Significantly, available data also indicates that the numbers of persons entering into bankruptcy hold greater levels of real property, and associated mortgage debt, than in previous decades. Given these trends, the importance of protecting superannuation funds becomes paramount to a bankrupt. However, this paper argues that there is a need to balance the protected asset status of superannuation funds with other objectives, such as achieving a fair distribution of the bankrupt’s assets among creditors. This paper examines the extent to which this balance is achieved, particularly in the context of self-managed superannuation funds.

Published
Oct 13, 2017
How to Cite
DICKFOS, Jennifer; BROWN, Catherine; BETTLES, Jason. Superannuation and Bankruptcy: Is there a Mid-Life Crisis Looming?. QUT Law Review, [S.l.], v. 17, n. 1, p. 114-126, oct. 2017. ISSN 2201-7275. Available at: <https://lr.law.qut.edu.au/article/view/708>. Date accessed: 21 nov. 2017. doi: https://doi.org/10.5204/qutlr.v17i1.708.
Section
Special Issue on Personal Insolvency
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