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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Barber (Dob 18Nov1951) and I retired from the Australian

Customer Question

My name is***** (Dob 18Nov1951) and I retired from the Australian Defence force in August 1988 and had $22,373.72 invested from my Superannuation as a DEFERRED ANNUITY - Long term with the AUSDEF Friendly Society, Sydney NSW. I have a receipt for this that shows the Company, Amount, Commencement date, and Certificate number (121112LT)
I have tried to find what or where this money is or has gone. Am I correct that as a Long term - DEFERRED ANNUITY, it should not have been able to be cashed until I reached the age of 55. I have traced the AUSDEF society to Austock Financial Services but, they have advised they have no record of this on their databases or physical records. Can you help me in my endeavour to locate my Super
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

The receipt you have is it form the fund that you paid it into?

Customer: replied 1 year ago.
I can send a scanned copy if required
Expert:  Leon replied 1 year ago.

That is ok

Did you have it deposited into an existing superfund or open a new one?

Customer: replied 1 year ago.
I do not know. That appears to be the problem. I only have a copy of the Certificate dated 19 August 1988
Customer: replied 1 year ago.
I have tried to send a copy of the receipt. Wayne
Expert:  Leon replied 1 year ago.

Good Afternoon

Have you received any statement of your account?

Customer: replied 1 year ago.
No, not that I can recall. If it may assist, these are letters and replies I have supplied and received in my search.
As said, I separated from my first wife in 1996 and until that time I do not recall ever receiving any statements or other documents.
Wayne
Expert:  Leon replied 1 year ago.

I have read them all

They owe you the money

You have the receipt to show that they received it. If they were negligent then they are liable.

I assume you gave them a cheque?

You can sue them in court

Customer: replied 1 year ago.
I will have to sleep on your reply. will be in contact tomorrow Friday 23Oct
wayne
Expert:  Leon replied 1 year ago.

No problem

Talk tomorrow

Customer: replied 1 year ago.
Afternoon Leon. As you said it looks as though I am owed money but, according to their data records they have nothing that shows up from 1988, as per their reply letter. So my question to you is "where do I go from here?" I think I went looking at the ATO and that's how I got talking to you. I'm at a loss. $23,000.00 over 27 years should equal a fair amount of money, which would assist us in our current situation.
Wayne
Expert:  Leon replied 1 year ago.

Good Afternoon

You are owed the money and the Trustee has been negligent.

What did the ATO tell you? Can they locate any account in your name?

Customer: replied 1 year ago.
Not sure. will have to go back and try again. can we still talk next week till Tuesday?
Expert:  Leon replied 1 year ago.

They will track your superannuation

But do not allow the letter to make you feel defeated.

The account existed and if there was negligence on their part they have to find the money.

Just contact me here all good