Model Australian share portfolio summary

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.

Recent legislative changes have restricted how self-managed superannuation funds can use limited recourse borrowing arrangements, particularly for residential property acquisitions. Business owners and primary producers may still leverage these arrangements to acquire commercial premises and farming land through their SMSFs. Understanding the new definition of business real property and available investment options is crucial for SMSF trustees navigating these regulatory changes.

Special Counsel, Lucy Ferreira discusses the importance of managing digital assets.

Article discusses the new laws, the reason for those new laws, their impact and what you should do.

Whether your SMSF can buy a real property from a related party.

Self-managed superannuation funds face strict prohibitions on acquiring assets from members or related parties, but business real property presents a notable exception. Senior associate Keeghan Silcock examines the complex requirements for transferring commercial property into an SMSF, including market valuation, contribution limits, borrowing restrictions, and state-specific duty concessions.

Cooper Grace Ward's latest podcast episode examines the new restrictions on SMSF borrowing for real estate purchases, clarifying widespread misconceptions about what constitutes a 'residential real estate ban.' Partners Scott Hay-Bartlem and Clinton Jackson, alongside senior associate Keeghan Silcock, break down the business real property test requirements and explain the critical transitional rules taking effect from August 2026.

For individuals and families using private giving funds as part of their broader wealth and succession strategy, the proposals signal a shift in policy emphasis toward increased near-term giving, while still recognising the importance of long-term philanthropic capital.

The Australian government's 2026 federal Budget introduced significant changes to self-managed superannuation fund (SMSF) borrowing rules, restricting property purchases to 'business real property' only. Understanding the strict conditions, cutoff dates, and exemptions for existing arrangements is crucial for SMSF trustees considering property investments. This analysis explores what the new borrowing ban means for residential real estate purchases and how it affects current SMSF property holders.

Asset management disputes in construction often emerge years after handover when repeated failures reveal underlying design or construction problems rather than simple maintenance issues. This article examines how to distinguish between ordinary wear and tear and systemic defects, exploring the legal frameworks, timing pressures, and strategic approaches that determine whether recurring problems represent routine deterioration or inherited liability.