Founding Trust Deed made on 23 December 1913 in the State of S.A.

Phillip Sweeney made this Freedom of Information request to Australian Securities and Investments Commission

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Phillip Sweeney

Dear Australian Securities and Investments Commission,

On the 6 September 2018, ASIC announced that it had commenced civil proceedings in the Federal Court against two NAB superannuation trustees, one of which was NULIS Nominees (Australia) Ltd {NULIS}.

Since 1 July 2016 NULIS has been the legal entity with the obligation to pay the correct benefits to the correct beneficiaries (including fund members) of a Defined Benefit occupational pension scheme that was established by a Trust Deed made on the 23 December 1913 in the State of South Australia.

This Defined Benefit fund was closed to new members on 30 November 1997.

This superannuation fund has been known by several names including: the Elders IXL Superannuation Fund, the Fosters' Group Superannuation Fund and the AusBev Superannuation Fund.

This fund was known as the AusBev Superannuation Fund before the assets of this fund were transferred to PFS Nominees Pty Ltd on 20 January 2014. This trustee is also a subsidiary company of the National Australia Bank.

The Chairperson of PFS Nominees Pty Ltd in 2014 was Nicole Smith.

The document I seek is a copy of the duty stamped and executed founding Trust Deed dated 23 December 1913 or a Court Order reinstating the terms of this Trust Deed if the original executed Trust Deed cannot be located.

In 1913 the sponsoring employer was Elder Smith & Co Ltd.

The search period is from 6 September 2018 to the present.

Yours faithfully,

Phillip Sweeney

Lauren Roy, Australian Securities and Investments Commission

1 Attachment

Dear Mr Sweeney


Please find attached ASIC’s decision in relation to your FOI request
received on 6 August 2019.






Lauren Roy
Team Leader, Misconduct & Breach Reporting

Australian Securities and Investments Commission

Level 7, 120 Collins Street, Melbourne, 3000

Tel: +61 3 9280 4638

[1][email address]



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