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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5055
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I have tried many times to get a refund from a SMSF

Customer Question

I have tried many times to get a refund from a SMSF investment into private funds of my two boys brought about from being deceived by a tax agent. My two boys wrote to their respective super funds, but never got an answer. A document was sent to Mr Austin at the ATO by the tax agent and it was full of lies. What is more alarming in their answer appear to think it is OK to be deceived. What should I do next?
JA: What state is this in? And just to clarify, when was the purchase made?
Customer: WA
JA: Has anything been filed or reported?
Customer: Not as far as I know. And no investigation appear to have been done.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Is it legal to deceive to get an outcome as stated by the ATO.
Submitted: 19 days ago.
Category: Australia Law
Expert:  Daniel replied 19 days ago.

Hello
As there are allegations here of fraudulent activity, obtain financial benefit by deception, have you not contacted police to have the rouge charged with criminal offences with respect of fraud?
It is a serious situation, might I suggest using that as leverage and have them make payment forthwith, or face having you contact the police.
It appears clear that their acts are criminal and also shows that it is in writing, thus making the work for the police, quite easy.

Otherwise, you can make a complaint to the ombudsman:
https://www.fos.org.au/

I wish to help you in this situation.

Expert:  Daniel replied 18 days ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 16 days ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 12 days ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

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