The Australian Government has taken another step forward with its bankruptcy law reform agenda today with the release of a consultation paper on the recovery of superannuation contributions made before bankruptcy.
Attorney General Philip Ruddock and Minister for Revenue and Assistant Treasurer Mal Brough said the release of the paper demonstrated the Government's ongoing commitment to preventing bankrupts from using superannuation funds to put excessive sums out of the reach of creditors.
The Bankruptcy Act 1966 currently allows debtors to shield their assets from creditors by making pre bankruptcy payments to superannuation, an anomaly highlighted by the recent High Court case, Cook v Benson.
The consultation process is directed to identifying the best way to balance the interests of creditors with those of the bankrupt in retirement, while minimising compliance costs and complexity.
The Government encourages all interested parties to make a submission to ensure all viewpoints can be properly considered.
The Insolvency and Trustee Service Australia, the Attorney General's Department and the Treasury will conduct the consultation. Submissions should be sent by 4 November 2005 to:
The Manager
Superannuation and Bankruptcy Review
Insolvency and Trustee Service Australia
GPO Box 821
CANBERRA CITY ACT 2601
Submissions can also be emailed to superannuation@itsa.gov.au
Copies of the consultation paper are available at www.itsa.gov.au or by telephoning (02) 6270 3466.