Establishing a new APRA-regulated super fund

When a global investment management firm set out to launch a new super fund in Australia, they turned to KHQ Lawyers for support. The challenge was twofold: navigating an increasingly complex regulatory environment, and creating a fund that could operate efficiently, competitively, and compliantly from day one.

Drawing on our deep expertise in the superannuation industry, we worked collaboratively with the client’s internal legal team throughout the various stages of the fund’s establishment. Our team provided strategic and technical advice across a range of workstreams, including obtaining regulatory approvals, preparing a bespoke plain English trust deed and constitution, drafting and negotiating contractual arrangements with outsourced service providers, advising on product disclosure documentation, and developing governance frameworks to meet APRA’s requirements.

One of our senior lawyers was also seconded to the client on a part-time basis for 6 months to assist with the development and build of the new fund’s website and online member portal.

In late 2022, the fund launched as a fully compliant, operationally sound APRA-regulated fund, successfully entering a mature and highly regulated superannuation market. The launch was particularly notable given the broader environment of industry consolidation, where few new funds had been established in recent years. Following the successful launch of the fund, our role has evolved to ongoing support across the fund’s operations, including advising on a pension product and compliance with emerging regulatory changes.