Superannuation Law

Superannuation is the safety net for millions of Australians: a source of funds to support life in retirement and, under some schemes, to cover for unexpected illnesses or harm. Protecting your superannuation, making the right claim at the right time, and taking action if your claims are unfairly rejected, are some of the most important legal actions you can take in life.

While superannuation funds guarantee a high level of service, in return for the investment you make in them, in reality unfortunately not all make good on their promises. Some can make it very difficult for you to access your funds when you need them, even though sometimes you might need the financial support urgently – for example, if you have developed health problems.

However, everyone who places their superannuation into a fund has essential rights, and there are special legal forums dedicated to hearing superannuation cases. Milicevic Solicitors know how important a superannuation payout could be for you. The legal team has one of Australia’s most respected track records in compensation claims, having secured hundreds of payouts and set ground-breaking legal precedents. If you need legal advice and professional assistance in claiming your super entitlements, Milicevic Solicitors are the lawyers to contact. We will consider any superannuation case, no matter how small, and will investigate every practical legal option.

TPD (Total and Permanent Disability) claims

Some superannuation funds offer insurance for Total and Permanent Disability, known as TPD. This is cover for any incident or illness that leaves you impaired and unable to work in your chosen field. TPD insurance is often paid as a single sum, to compensate you for lost earnings, cover your medical expenses, alleviate some of your suffering and help you adjust the way you live. Sometimes more than one person can be covered by the same TPD scheme, which can be important for your partner or other family members.

If unfortunately you do suffer a severe impairment like this, you won’t automatically need legal representation. As long as you signed up for TPD insurance when you organised your superannuation, you should be able to claim TPD insurance directly from your superannuation fund, backing your claim with expert medical opinions.

If, however, you are entitled to TPD insurance and your superannuation fund tries to prevent you from claiming it, then legal advice and assistance will be essential.

TPD insurance claims can be distressing, as they take place at times of pain and suffering, but the law makes the process technically smoother than conventional compensation cases.

There are less strict time limits on TPD claims: rather than the usual strict 3-year restrictions on standard compensation claims, TPD claims can be made many more years after an incident or an illness, depending on how long the permanent impairment has taken to become clear.

You do not have to prove the cause of your impairment, or prove that negligence played a role. If you were impaired as a result of an incident, it does not have to have happened at work, and even if it did, you do not have to prove this to your superannuation fund: you can claim TPD insurance while pursuing compensation elsewhere. All that needs to be demonstrated to your superannuation fund is that your impairment means you can no longer work in your chosen field.

Some superannuation funds and insurance companies can make it difficult for you to claim TPD insurance and will dedicate time and resources to fighting your claim in court. If that unfortunately happens, you will need expert legal advice and tenacious service, which is exactly what Milicevic Solicitors offer, every day.

Superannuation Complaints Tribunal

Sometimes a superannuation fund may take action or make a decision with which you fundamentally disagree and which may badly affect your future financial stability. The first step is to have the decision reviewed inside the superannuation company itself. If this does not bring the result that you need, then the Superannuation Complaints Tribunal exists to hear your concerns in a structured, professional setting, and has the power to change or overrule decisions if they are shown to be unfair or unjust. You cannot claim extra compensation or cover for costs at the Superannuation Complaints Tribunal, but a successful appeal against a superannuation fund’s decision could have major benefits.

Expert legal advice and assistance will be essential if you need to contest a superannuation fund’s decision. The Tribunal will only consider a complaint if there is a strong legal case behind it. The legal team at Milicevic Solicitors has years of respected experience in superannuation claims of all kinds. We can advise you on all practical options, no matter how small or difficult your claim might seem. Milicevic Solicitors are strong, committed and resourceful, and will fight for the superannuation decision that you deserve, for as long as necessary.

The legal team at Milicevic Solicitors understands that a superannuation decision, TPD insurance payout or complaint resolution could make a huge difference to your life, now and in the future. As dedicated compensation lawyers, Milicevic Solicitors stand ready to advise and assist you. Find out what the legal team can do for you by calling (02) 9264 6499 today.