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Submitted by Adam Tayler on Thu, 08/20/2015 - 08:43

Mr Petrou's comments ignore the fact that superannuation trustees have an inherent conflict when it comes to assisting member's who are pursuing insurance claims through their funds. The trustees also have an obligation to preserve the fund and act in the interests of all members. Trustees are simply not in a position to give individualised legal advice to a member in that member's best interests. If superannuation trustees are giving legal advice to their members then they are stepping outside the bounds of their area of expertise. If members are engaging lawyers to assist them then trustees have a duty to cooperate with those lawyers as part of their obligation under the SIS Act to assist members with their claim. Encouraging people not to seek independent legal advice tailored to their own individual situation is not assisting that member with their claim and in fact is doing the opposite.

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