Special Counsel

Emma Higgs

Emma specialises in superannuation and advises on the broad range of legal issues impacting superannuation entities, trustees and directors.

With a deep knowledge of trust law and occupational pension schemes and a specialist interest in retirement income streams and group life insurance, she regularly advises on statutory and trust deed construction, governance and compliance, fund mergers, and growth strategies.

Emma is known for her technical expertise and ability to analyse and resolve complex issues and find commercial solutions. She is dedicated to delivering clear and concise advice to assist clients to navigate the regulatory and legal landscape.


Emma’s expertise includes:

  • Superannuation, trust law and group life insurance
  • Defined benefit arrangements and statutory schemes
  • Retirement income streams and strategies
  • Fund mergers, growth strategies and outsourcing arrangements
  • Financial services regulation and statutory interpretation
  • Governance, compliance and risk management
  • Rectification and dispute resolution

Recent Projects

  • Advising the trustee in an application to the Supreme Court of New South Wales for judicial advice in Re AUSCOAL Superannuation Pty Ltd atf the Mine Superannuation Fund
  • Advising the trustee of a successor fund in relation to a successor fund transfer.
  • Obtaining a declaration from the Australian Prudential Regulation Authority modifying the application of the Superannuation Industry (Supervision) Act 1993 to a superannuation entity.
  • Advising the trustee on the winding up of a defined benefit sub-fund and the payment of surplus to the sponsoring employer and obtaining a statutory waiver from the Australian Prudential Regulation Authority.
  • Advising on benefit preservation implications from the conversion of statutory pension schemes to occupational schemes and successive mergers to different registrable superannuation entities.
  • Advising in respect of incidents arising on life insurance claims and rectification.
  • Advising the trustee as seed client for a new administration services provider regarding the outsourcing transaction.

Professional Memberships

  • Member of the Victorian Committee of Women in Super
  • Member of the Victorian Women Lawyers Association Inc.





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