SMSF set-up
Set up your fund properly the first time
Your SMSF trust deed is the fund’s rulebook. It needs to comply with the Superannuation Industry (Supervision) Act 1993 and give your trustee the powers it needs, including to open accounts and borrow. A deed that falls short can mean costly variations and delays when you deal with a bank or lender.
We have acted for SMSFs and for the banks and lenders that finance them. So our deeds are drafted to meet both the SIS Act and the policy requirements lenders apply, and we can help with the purchase and the conveyancing as well.
How it works
Your SMSF documents in three steps
- Get your instant quoteChoose the documents you need and get our fixed price online.
- Tell us about your fundWe confirm your trustee structure, members and plans, including any property purchase.
- Sign and you’re setWe prepare the documents and guide you through signing them correctly.
What’s included
Our SMSF services
- SMSF trust deeds that meet the SIS Act and lender requirements, including borrowing powers
- Holding trust (bare trust) deeds for LRBA property purchases
- Deeds of variation to update or fix an existing deed
- Changing trustees, including moving to a corporate trustee
- Related party loan agreements that follow the ATO’s safe harbour terms
- SIS Act advice on single acquirable assets, in-specie contributions, in-house assets, related party purchases and lost trust deeds
- Advice on the business real property rules for new LRBAs from 10 August 2026
- Conveyancing for SMSF property purchases, from contract review to settlement
The 2026 changes
Borrowing to buy property in your SMSF
From 10 August 2026, an SMSF can only use a new limited recourse borrowing arrangement (LRBA) to buy real property if it is business real property, which generally means land and buildings used wholly and exclusively in a business. That rule applies whoever the lender is, including a related party lending to the fund.
Existing LRBAs, and purchases where the fund exchanged a binding contract before 10 August 2026, are not affected, and an existing LRBA can be refinanced for the same property. Your SMSF can still buy residential property without borrowing, as long as it meets the other super rules. See the ATO’s guidance and our article on how an SMSF can borrow to buy property.
Why Hindsight
Why clients choose us
Fixed prices
Get an instant online quote for your SMSF set-up, holding trust deed or variation.
Deeds lenders accept
We’ve acted for major banks and lenders on SMSF loans, so we know what they look for.
Partner-supervised, every matter
Every matter is supervised by one of our Founding Partners, and you deal with a dedicated lawyer you can call or email at any time.
Super and property law together
We can help with the deed, the loan documents and the conveyancing for a property purchase.
Our partners
SMSF work led by our partners
Our SMSF work is led by our Founding Partners, who have helped banks and non-bank lenders set up SMSF lending programs.
Michael Lazar
Founding Partner
Formerly NAB and Dentons. Advises banks, credit providers and SMSF lenders on regulation and structuring.
AJ Sridaran
Founding Partner
Formerly Macquarie Bank and Dentons. Legal 500 ‘lawyer to note’ in fintech and financial services regulation.
Recognised by the Legal 500 and Lawyers Weekly
Meet our partners →FAQs
Frequently asked questions
Do you advise on whether I should set up an SMSF?
No. Our documentation service is for people who have already received advice from a licensed financial adviser or their accountant to set up an SMSF. We prepare the legal documents and advise on the legal requirements.
Can my SMSF borrow to buy residential property?
Not under a new LRBA. Since 10 August 2026, property bought under a new LRBA must be business real property, unless the fund exchanged a binding contract before that date. Your SMSF can still buy residential property without borrowing, if it meets the other super rules.
Will my trust deed meet my lender’s requirements?
Our deeds are drafted to meet the requirements banks and lenders commonly apply, including the powers to open accounts and borrow. If you already have a lender, we can check their specific requirements.
Can I lend money to my SMSF?
Yes, under a related party LRBA, but it must be on arm’s length terms. The ATO’s safe harbour terms in PCG 2016/5 set out terms it accepts. Since 10 August 2026, the business real property rule applies to related party LRBAs too.
Can you update my existing deed or change trustees?
Yes. We prepare deeds of variation and documents to remove or appoint trustees, including moving from individual trustees to a corporate trustee.
Talk to us
Ready to set up your SMSF?
Get an instant fixed-price quote, or book a call if you’d like to talk it through first.