Live Webinar: SMSFs: How to Control Them When Trustees Lose Capacity


Date:  Wednesday 22nd November 2017 – Online:
Vic, NSW, ACT, Tas: 11am to 1pm 
SA:  10:30am to 12:30pm  WA: 8am to 10am 
NT: 9:30am to 11:30am  Qld: 10am to 12noon

Incapacity is a looming issue for the increasing number of aging SMSF trustees. Dementia is now reaching near epidemic proportions. Fund managers are not making adequate precautions for this very real problem. This session examines the key issues in dealing with incapacity in the SMSF:

  • Ensuring a valid EPOA is in place for all trustees/directors
  • Who will take over the reins in the event of incapacity – thinking this through
  • Do replacement trustees/directors understand what is required and the extent of liability?
  • Understanding the process of replacing trustees and directors
  • Importance of reviewing current structures in place to ensure:
    • trust deed allows for new appointments and who makes it
    • valid EPOAs in place
    • there is a plan winding up of SMSF
    • future appointees understand requirements
  • Directors’ problems – when do you cease being a director?
  • Importance of company constitution – successor directors
  • Legal personal representatives – 6 month rule to fix defect in trusteeship
  • Case report – Shaw v Commissioner of Taxation
  • Case report – Mourched v Commissioner of Taxation
Our presenter

Dung Lam, Senior Associate, Argyle Lawyers, Sydney

Dung is a taxation lawyer with more than 10 years experience advising on a wide variety of taxes including income tax, capital gains tax, GST and state taxes such as payroll tax and land tax.  Dung also has extensive experience advising on taxation trusts, superannuation issues in the self managed superannuation funds arena and tax issues related to estate planning.

Dung advises a broad range of clients ranging from small to medium enterprises, high net worth individuals, professional firms, accountants and their clients.


This webinar is suitable for lawyers advising in superannuation matters – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.


Live webinar delegates will receive a CPD certificate for attendance at this webinar. Lawyers can claim up to 2 CPD [CLE] units/points – substantive law.  This webinar has been designed to run for 2 hours, however, webinar lengths can vary depending on the level of questions and discussion, and the minimum length of the webinar is 1.5 hours.

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email:

Attending a TEN webinar couldn’t be easier. Basically it’s just like attending a seminar except that you don’t have to leave the comfort of your office or home. You just need to be available at the appointed date and time with your computer and internet connection.

Once you’ve registered for the webinar, we send you a link so that you can login to the webinar from your computer. The speaker delivers the session from their computer in real time. Just like a live seminar, you can ask questions of the speaker. You simply type your question into the question box and the speaker responds to it during question time.
At the end of the webinar session we send you a certificate to confirm your attendance and the number of CPD hours you earned.

You will need a computer with sound, an internet connection and earphones if you need to participate in the webinar in an open office environment (so you don’t disrupt those around you).

Product Code: RBMNOV17
 Price:   $253.00 (Inclusive of GST)
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