Dear Australian Prudential Regulation Authority,

Attached to an FOI response from Owen Brailsford (APRA) dated 21 March 2011 was a copy of an unexecuted draft copy of a document titled “Foster’s Group Superannuation – Amending Deed – {Replacing the Rules relating to the Fund in their entirety}”

The footer of this unsigned document was dated 30 March 2006.

The “Fund” means the Foster’s Group Superannuation Fund established under the Deed.

The “Deed” means the Deed dated 23 December 1913 as amended from time to under which the Fund was established.

The founding Trust Deed was executed in the State of South Australia and its provisions, including the Power of Amendment, were amended by the Elder Smith and Co Limited Provident Funds Act 1963 (SA). This confirms that the proper law for this superannuation trust is the law of South Australia.

The Commissioner of State Taxation (SA) has confirmed that amending Deeds related to trusts established in South Australia executed before 1 July 2006 were requires to be duty stamped pursuant to Section 22 of the Stamp Duties Act 1923.

The unsigned signing page identified the parties as:

- Foster’s Group Superannuation Limited; and
- Foster’s Group Limited

The corporate trustee Foster’s Group Superannuation Limited was registered on 13 November 1973 and was deregistered on 29 October 2008.

The correspondence between the trustee and APRA at the time indicated that an executed (and presumably duty stamped) copy of this purported amending Deed would be subsequently provided to APRA.

The trust estate (assets) of this Defined Benefit superannuation scheme was transferred to the control of NULIS Nominees (Aust) Ltd on 1 July 2016 and the directors of NULIS rely on this purported amending Deed for not paying a survivorship pension to the widows of qualifying male fund members who joined this Defined Benefit fund before it was closed to new members on 30 November 1997.

A qualified death benefit for widows of qualifying male fund members was provided in the founding 1913 Trust Deed.

NULIS is a subsidiary company of the National Australia Bank.

The document I seek is a copy of the executed (and presumably duty stamped) version of the draft document supposedly provided to APRA where the draft document had been provided to me by Owen Brailsford.

Yours faithfully,

Phillip Sweeney

Dear Freedom of Information,

I agree to the extension

Yours sincerely,

Phillip Sweeney