Log in or register
Share on LinkedInShare on LinkedIn

VIDEO · 21 AUGUST 2024

It Depends – Can I access my super because I have ‘retired'?

Cooper Grace Ward
Cooper Grace Ward
Contributor
Cooper Grace Ward

Cooper Grace Ward

Cooper Grace Ward was established in 1980 and has quickly become one of the largest independent...

View firm profile
Explore more from Cooper Grace Ward

Transcript & link to video discussing whether someone can access their superannuation because they have ‘retired'.

AustraliaEmployment and HR
Scott Hay-Bartlem
Scott Hay-Bartlem
Clinton Jackson
Clinton Jackson
Author LinkedIn connections

In this edition of 'It depends', partners Scott Hay-Bartlem and Clinton Jackson talk about whether someone can access their superannuation because they have 'retired'.

There are some potentially nasty consequences if you access your superannuation without having satisfied one of the allowable conditions. Retirement is a common one that people will look at to access their super if they're under 65. The rules are confusing, quite complicated and easy to get wrong.

Listen now on Spotify, Apple Podcasts or the CGW website.

Video transcript

Welcome to this edition of It depends where we're talking about, can I access my superannuation because I have 'retired'?

Why do we care?

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

© Cooper Grace Ward Lawyers

Cooper Grace Ward is a leading Australian law firm based in Brisbane.

This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

New Minimum Wage Rates Gain Effect In Australia Today

The Australian Government has raised the National Minimum Wage and Minimum Award Wages effective July 1, 2026, with weekly rates increasing from $948.00 to $1,004.90 and hourly rates from $24.95 to $26.44. What compliance actions must employers take to avoid penalties for underpayment, and how do these changes affect different worker categories including trainees, apprentices, and entry-level employees?
AustraliaEmployment and HR
Lexplosion Solutions Private Limited
Lexplosion Solutions Private Limited
Article

Fair Work Commission Releases New AI Guidance And Warns Against Blind Reliance On AI

The Fair Work Commission has introduced new guidance requiring parties to disclose their use of generative AI in proceedings, following a 70% surge in workload attributed to AI-generated applications. A recent case demonstrates the consequences of blind reliance on AI tools, with one applicant ordered to pay costs after continuing a jurisdictionally flawed claim despite repeated warnings from the Commission.
AustraliaEmployment and HR
Holding Redlich
Holding Redlich
Article

Reforms To Restraints: What The Competition And Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 Means For Employers

The Albanese Government has released draft legislation that would fundamentally reshape how Australian employers use restrictive covenants and competitive agreements. The proposed Competition and Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 seeks to prohibit or strictly regulate no-poach agreements, wage-fixing arrangements, non-compete clauses, and co-worker non-solicitation terms.
AustraliaEmployment and HR
Piper Alderman
Piper Alderman
Article

Who Signs The Termination Letter Matters – The Importance Of The Decision-maker

The Full Federal Court's decision in Totino v Metro Trains Melbourne clarifies how employers can successfully defend general protections claims when dismissing employees who have made workplace complaints or workers compensation claims. The case establishes critical principles about who must give evidence, the distinction between advisers and decision-makers, and why proper documentation of the decision-making process is essential for employers facing the reverse burden of proof.
AustraliaEmployment and HR
Bartier Perry Solicitors
Bartier Perry Solicitors
Podcast

Employment Relations Podcast – Enterprise Bargaining In The Spotlight: Intractable Deadlock Or Genuine Agreement?

Recent Australian workplace reforms have fundamentally altered enterprise bargaining dynamics, introducing new mechanisms like intractable bargaining determinations and expanded Commission powers to amend agreements. How should employers navigate these changes to develop effective bargaining strategies while managing risks associated with mandatory terms, genuine agreement principles, and the better off overall test?
AustraliaEmployment and HR
Piper Alderman
Piper Alderman
Video

National Safe Work Month – For Life – Why WHS Matters (Video)

October is National Safe Work Month, and Cooper Grace Ward's workplace relations and safety team explores why work health and safety matters for every business. Special counsel Gemma Sharp examines the legal duties of PCBUs and officers to protect workers from both physical and psychosocial hazards, emphasizing that safety must be woven into the fabric of business operations rather than treated as an afterthought.
AustraliaEmployment and HR
Cooper Grace Ward
Cooper Grace Ward
Video

It Depends – Can A Limited Recourse Borrowing Trust Acquire More Than One Asset? (Video)

Under Australian superannuation law, limited recourse borrowing arrangements typically require separate bare trusts for each asset acquired by an SMSF. However, certain exceptions allow multiple assets to be held in a single bare trust, including identical assets purchased simultaneously, permanent fixtures spanning multiple titles, and assets legally required to be dealt with together. Understanding these nuanced rules is critical to avoid serious compliance, tax, and duty implications.
AustraliaWealth Management
Cooper Grace Ward
Cooper Grace Ward
Video

National Safe Work Month – For Life – Why WHS Matters (Video)

October is National Safe Work Month, and Cooper Grace Ward's workplace relations and safety team explores why work health and safety matters for every business. Special counsel Gemma Sharp examines the legal duties of PCBUs and officers to protect workers from both physical and psychosocial hazards, emphasizing that safety must be woven into the fabric of business operations rather than treated as an afterthought.
AustraliaEmployment and HR
Cooper Grace Ward
Cooper Grace Ward
Podcast

Podcast: Inside The Claim With CGW – Flight Risk: Grounded By A Galley Cart

Cooper Grace Ward's Damien Jarrett and Jess Byrne examine Hunter v Alliance Airlines Pty Ltd, a Supreme Court workers' compensation case involving a cabin crew member's back injury from a jammed galley cart. The discussion explores how the case evolved from maintenance and staffing allegations into a training dispute, and examines the court's approach to quantum arguments when the injured worker chose to pursue her own business rather than return to employment.
AustraliaEmployment and HR
Cooper Grace Ward
Cooper Grace Ward
Article

First Right To Disconnect Rulings Clarify The Bar For A Contravention Of The Right To Disconnect Laws

In the first substantive rulings on Australia's right to disconnect laws, the South Australian Employment Tribunal has determined that an Adelaide hairdressing salon did not breach its apprentices' rights despite sending frequent out-of-hours messages via TikTok and Snapchat. The Tribunal drew a critical distinction between unwelcome communication and actually preventing employees from disconnecting, establishing that subjective pressure without demonstrable consequences does not constitute a breach.
AustraliaEmployment and HR
Cooper Grace Ward
Cooper Grace Ward