Wife stole my superannuation fro SMSF

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Daniel Day

Member
23 January 2020
4
0
1
My wife and I have recently separated after I found she was having an affair. 5 years ago she encouraged me to roll my superannuation into a self managed super fund. I was under the impression that my superannuation was invested as she was a financial planner at a well respected financial planning firm. I have recently found out that the money was deposited into a Macquarie bank account and over the last 5 years she has withdrawn the entire balance.

Can you please advise what steps I should take to recover my superannuation and who I should report the theft/fraud to?
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,380
892
2,894
What State are you in?

See a lawyer ASAP. It may be her bank accounts need to be frozen ASAP so monies are not moved again or dissipated.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,379
673
2,894
Sydney
You may have options, but everything depends on the background facts and circumstances.
This is not a DIY.
You're off to see a lawyer.
 

247mum

Active Member
1 September 2014
13
1
34
If your wife was/is a regsitered financial planner, you may have recourse through her AFSL. I would contact the firm she was working for and ask to speak to their complaints department.
I would also contact the ATO as she has breached her Trustee obligations. However, you have also potentially not met your obligations as a trustee (if you were one).
If you have no luck with her AFSL then I would contact the ombudsman, which is called AFCA. www.afca.org.au

This is general advice only as I do not have all the facts - please contact a qualified lawyer .