Contact

Dominique Hogan-Doran SC
t: + 61 2 9236 8622
f: + 61 2 9221 8995
m: 0410 665 772  
e: hogan-doran@stjames.net.au

Clerk: Margaret Ashford
t: + 61 2 9236 8601
e: mashford@stjames.net.au

6 St. James' Hall Chambers
169 Phillip Street
Sydney, New South Wales
Australia 2000

DX 328 Sydney

         

123 Street Avenue, City Town, 99999

(123) 555-6789

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Financial Services

Dominique Hogan-Doran SC provides expert advice & representation across a wide range of issues in the financial services industry.

In addition to her deep knowledge of the law, Dominique also brings recent operational experience in the financial services industry.

As a trustee director of an APRA/ASIC regulated industry superannuation fund (2015-2017) she served on the Audit, Risk & Compliance Committee, the Investment Committee, and the Insurance & Claims Committee. The fund rose to hold the highest rankings with independent ratings agencies and was named in the top 5 best performing superannuation funds in Australia by SuperRatings.

In 2019, Dominique was appointed by Cricket Australia & the Australian Cricketers Association to a 3 year term as an Independent Director of the Australian Cricketers’ Retirement Account, an APRA/ASIC exempted investment fund for Australia’s First Class cricketers.


Current & recent matters of note:

Big 4 Bank superannuation trustee, briefed by Minter Ellison

Big 4 Bank superannuation trustee, briefed by Minter Ellison

Commonwealth Superannuation Corporation ats Martin, NSW Supreme Court proceedings, acting for trustee of the Public Sector Superannuation Scheme defending TPD claim by beneficiary, briefed by Ashurst Canberra

Australian Securities & Investments Commission v RM Capital Ltd, Federal Court civil penalty proceedings, re allegations of contravention of the conflicted remuneration prohibition, briefed by Hall & Wilcox

Industry superannuation fund trustee, briefed direct, in ASIC investigation

Industry superannuation fund in-house legal counsel, briefed by Minter Ellison in ASIC investigation

Australian Institute of Company Directors & Governance Institute of Australia, briefed direct

Law Society of South Australia & Law Claims Management, briefed direct

Commonwealth Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry - Consumer Lending Round for Commonwealth Bank of Australia & its mortgage broking subsidiary Aussie Home Loans, briefed by Clayton Utz and Superannuation Round, for trustee of the Energy Industries Superannuation Scheme, briefed by Hall & Wilcox

Australian Securities & Investments Commission ats Kender [2018] AATA 4555 Administrative Appeals Tribunal - for ASIC (administrative review application by disqualified director)

Big 4 bank superannuation trustee, briefed by Minter Ellison, briefed by Minter Ellison & by K&L Gates

Major retail superannuation trustee and financial advisory group, briefed by Sparke Helmore

Trustee of industry super fund re defined benefits scheme calculations of entitlements by reference to ‘superable salary’


Superannuation Law

Dominique has provided specialised advice to superannuation trustees in relation to a wide range of issues:

·      General duties of trustees under the Superannuation Industry (Supervision) Act 1993 (Cth) and the general law

·      Procedures for trust deed amendments, including amendments in the context of defined benefit schemes

·      Duties of a trustee in relation to a proposed Successor Fund Transfer

·      The limits of the ‘sole purpose’ test in s 62 of the Superannuation Industry (Supervision) Act 1993 (Cth) in the context of trustee sponsorship, advertising and marketing

·      The likely operation of s 68A of the Superannuation Industry (Supervision) Act 1993 (Cth) following amendments by the Treasury Laws Amendment (Improving Accountability and Member Outcomes in Superannuation Measures No. 1) Bill 2019

·      ASIC investigation into alleged receipt of conflicted remuneration by a corporate authorised representative in contravention of s 963G of the Corporations Act 2001 (Cth) with respect to advice to establish an SMSF to acquire real property investments

·      Potential liability of a trustee for contravention of s 1017B(1A)(a) of the Corporations Act 2001 (Cth) (re ongoing disclosure of material changes and significant events)

·      Potential liability of a trustee for contravention of s 29WA(1) of the Superannuation Industry (Supervision) Act 1993 (Cth) (re election to switch to MySuper product)

·      Trustee’s obligation to move account balances of members into MySuper products and to otherwise remediate members

·      Adequacy of trustee’s insurance governance arrangements for handling TPD claims, including with respect to APRA Superannuation Prudential Standard SPS 250 - Insurance in Superannuation

·      Response to APRA ‘show cause’ notice concerning management of corporate superannuation fund and whether trustee ‘fit and proper’

·      Ongoing liability of trustee for payment of grandfathered commissions to adviser licensees for distribution of trustee’s superannuation and pension products

·      Issues arising from actuarial assessment of sufficiency of funding for liabilities of defined benefits scheme on a Vested Benefits Index (VBI) basis

·      Interaction between the Superannuation Industry (Supervision) Act 1993 (Cth) and the APRA Superannuation Prudential Standard SPS 160 – Defined Benefit Matters with the Electricity Network Assets (Authorised Transactions) Act 2015 (NSW)

·      Method of accession of new employers to trust deed via deed poll of adherence and mechanism for indemnification of defined benefit liabilities

·      Consultation on Treasury Laws Amendment (Protecting Superannuation) Bill 2018 in particular concerning insurance for members in hazardous occupations

·      Whether remuneration of trustee directors requires shareholder approval, and requirements for achieving that approval, including with respect to APRA Superannuation Prudential Standard SPS 510 - Governance

·      Determinations of death benefit distributions in absence of binding nomination

·      Superannuation Complaints Tribunal matters (including death benefit distributions and total and permanent disability claims)

·      Application for listing of a standard MySuper product on the Default Superannuation List in accordance with section 156A of the Fair Work Act 2009, and as a default superannuation fund for all modern awards in accordance with s 157(1) of that Act