2. RTA-v-Cremona (2001) NSW CA 338 NEW Calculating loss of superannuation benefit.
Much debate amongst lawyers and forensic accounting experts has been sparked by the recent case of Cremona-v-RTA (2001) NSW CA 338. One of the key issues relates to determining whether interest (as a proxy for expected returns) should be applied to lost employer-sponsored superannuation contributions. In the case in question, reference was made to an Intech "Growth Funds" Performance Survey as at a certain date as an indicator of an appropriate rate of interest (ie expected return) to apply to superannuation contributions.
We have provided lawyers and insurers with expert testimony, research, detailed advice, and our opinion regarding the methods that can be applied in calculating loss of superannuation benefit. We have also been retained to respond to reports from other experts on this matter.