You can now refund up to 10k of excess concessional contributions cap threshold in the 10/1113 FYI.
http://www.ato.gov.au/content/00281380.htm
Refund of excess concessional contributions
In the 2011-12 Federal Budget the government announced that, from 1 July 2011, individuals who breach the concessional contributions cap by $10,000 or less can request the excess contributions be withdrawn from their super fund and refunded to them. Those excess concessional contributions will be taxed at the individual's marginal tax rate. This measure will only apply for first time breaches of the concessional cap and apply for contributions made in the 2011-12 year onwards.
