Robert O'Donohue

Profile

Robert O’Donohue is a Partner in HWL Ebsworth’s National Superannuation and Funds Management Group and advises clients across the whole superannuation industry including: 

• industry, retail and corporate superannuation funds;
• professional trustees;
• employers who need advice in complying with their superannuation obligations;
• Small APRA Funds (SAFs) and SMSFs.  

Robert has acted for some of the largest funds in the country including AustralianSuper, Hostplus, Media Super and REST.

Robert works closely with superannuation fund trustees and employers to provide accurate, timely and commercially practical advice that “value-adds” whilst ensuring that client’s comply with their legal obligations.

His comments on superannuation have been quoted in the Australian Financial Review, the Age, the Australian and the Sydney Morning Herald.  He has also been a regular author on superannuation topics in the Taxation in Australia Journal and Superannuation Law Bulletin.  He also conducts training for superannuation fund trustees for ASFA.

Expertise

• Trustee duties and obligations;
• SIS Act, Corporations Act, Income Tax Assessment Act and other legislative compliance;
• Superannuation fund investments  - full legal due diligence review and sign-off for trustees, negotiating with issuers over onerous/unreasonable/illegal terms, investor rights & committees, obtaining information required by super funds for disclosure or to meet regulatory requirements;
• Disclosure – full compliance check and sign-off for PDS’s, Annual Reports, periodic statements,  Significant Event Notices (SENs), advertising and member communications;
• Applications for AFS and RSE licenses, breach reporting for RSE and AFS licensing and licensing issues generally;
• Successor fund transfers/mergers;
• Outsourcing arrangements – administration agreements, custodian agreements, investment management agreements, asset consultant agreements, transition management agreements (full compliance check, negotiation and sign-off);
• Superannuation guarantee and employer obligations;
• Limited recourse borrowing arrangements by superannuation funds;
• Defined benefit arrangements;
• Advice on offences and penalties and negotiating with regulators where required;
• Sole purpose test issues;
• Choice of fund/portability;
• Reserves and surpluses;
• Death benefits;
• Insurance – death and TPD claims.

Major Transactions

• Advised on merger between Print Super and JUST Super (which formed Media Super) being Australia’s second largest industry fund merger with $2.1 billion of assets under management;
• Acted for consortium of 7 major superannuation funds for $400 million investment in retirement sector assets;
• Better/Simplified Super projects for Hostplus, AustralianSuper, Print Super, Zurich, Plan B and WA Local Government Superannuation Plan;
• Advised on merger of GSK Superannuation Fund into the Mercer Master Trust;
• Advised Federal Government Department on superannuation guarantee obligations for its independent contractors;
• Advised Citigroup re section 67(4A) borrowing arrangements  by superannuation funds and lending requirements;
• Advised on merger of Anglican Superannuation Fund into ARF (now AustralianSuper);
• Advised on joint venture between major industry super fund and Lend Lease for $100 million Docklands apartment development;
• Advised on merger of WHK Umbrella Superannuation Fund into Spectrum Super;
• Advised Amcor re sale of divisions and superannuation obligations;
• Advised on merger of JGL Group Retirement Fund into ARF (now AustralianSuper);
• Advised major industry superannuation fund on the first application to APRA and Austrac for relief for Victorian bushfire victims (which resulted in relief being granted for all superannuation funds).

Publications

• "Reserving Strategies - The Tips and the Traps" - Paper presented at Tax Institute of Australia Superannuation Intensive - 3 June 2010
• "What is a charge? - Charges over fund assets, what trustees can and can't do" - Superfunds Magazine - February 2010
• "Superannuation Reserves - beware the quagmire" - Australian Superannuation Law Bulletin - January 2010
• "The extraordinary problems with ordinary hours of work" - Australian Superannuation Law Bulletin - October 2008