FEDERAL COURT OF AUSTRALIA
Australian Super Pty Ltd v Woodward [2009] FCAFC 168
SUPERANNUATION — Appeal from a single judge of the Federal Court — Appeal allowed from the Superannuation Complaints Tribunal — Total and Permanent Disability benefit — Appeal by trustee and insurer against decision of single judge — whether the primary judge erred in concluding that the Tribunal considered the wrong version of the trust deed — Whether the relevant trust deed was that in effect at the time the respondent's claimed Total and Permanent Disability arose or as the Primary Judge had found, that in effect at the time the decisions of the trustee and insurer were made — Held – As a matter of construction, governing form of trust deed was that in effect at time of claiming total and permanent disability — Cross-appeal — Whether the primary judge erred in not awarding costs against the trustee and insurer — Held no power to award costs in favour of an unrepresented litigant — Whether the Tribunal's decision inconsistent with earlier Tribunal decision – Held no inconsistency — Held no requirement for the Tribunal to follow the decision of the superannuation fund provider — Appeal allowed — Cross-appeal dismissed
Administrative Appeals Tribunal Act 1995 (Cth) s 44
Federal Proceedings (Costs) Act 1991 (Cth)
Insurance Contracts Act 1984 (Cth) s 54
Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 14, 18, 32, 37, 46Superannuation Industry (Supervision) Regulations 1994 (Cth) reg 13.16
Woodward v Australian Super Pty Ltd (formerly STA) [2008] FCA 706 considered
Davis v Rio Tinto Staff Superannuation Fund Pty Ltd (2002) 118 FCR 170 considered
Samaras v Australian Retirement Fund Pty Ltd (2008) 15 ANZ Ins Cas 90-133 considered
Duke of Portland v Topham (1864) 11 HL Cas 32 considered
Registrar of the Accident Compensation Tribunal v Commissioner of Taxation (1993) 178 CLR 145 considered
Howitt-Steven v Unisuper Ltd (2002) 193 ALR 207 considered
Auspine Staff Superannuation Pty Ltd v Henderson (2007) ANZ Ins Case 90-127 considered
Cachia v Hanes (1994) 179 CLR 403 considered
Halloran v Harwood Nominees Pty Ltd [2007] NSWSC 913 considered
Fernance v Wreckair Pty Ltd (No 2) (1992) 43 IR 300 considered
Minister for State for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 consideredAUSTRALIAN SUPER PTY LTD (FORMERLY STA) and COLONIAL MUTUAL LIFE ASSURANCE SOCIETY LIMITED v NIGEL WOODWARD and SUPERANNUATION COMPLAINTS TRIBUNAL
QUD 147 of 2008
FINKELSTEIN, GREENWOOD & LOGAN JJ
1 DECEMBER 2009
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION
QUD 147 of 2008
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: AUSTRALIAN SUPER PTY LTD (FORMERLY STA)
First AppellantCOLONIAL MUTUAL LIFE ASSURANCE SOCIETY LIMITED
Second AppellantAND: NIGEL WOODWARD
First RespondentSUPERANNUATION COMPLAINTS TRIBUNAL
Second Respondent
JUDGES:
FINKELSTEIN, GREENWOOD & LOGAN JJ
DATE OF ORDER:
1 DECEMBER 2009
WHERE MADE:
BRISBANE
THE COURT ORDERS THAT:
1.The appeal be allowed, with costs.
2.The orders made on 22 May 2008 be set aside.
3.In…
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- Case
- [2009] FCAFC 168
- Decision Date
CaseChat Overview and Summary
The central legal issue the court had to decide was whether the Tribunal's interpretation of the applicable date for assessing Mr Woodward's TPD claim was correct. Specifically, the court needed to determine if the Tribunal erred in law by considering the definition of TPD as it stood on the date Mr Woodward ceased employment with Rexel, rather than the date when the trustee's decision was made and reviewed. The court also needed to address whether the Tribunal's review of the trustee's decision was consistent with the statutory framework governing such reviews.
The court found that the Tribunal had misconstrued the relevant date for applying the TPD definition, which in turn affected the outcome of its review. The court held that the Tribunal should have reviewed the trustee's decision based on the date it was made and subsequently reviewed, rather than the date Mr Woodward ceased employment. This error led to an unfair and unreasonable outcome for Mr Woodward. The court emphasized the importance of adhering to equitable principles in trust law, particularly the prohibition against retrospectively altering trust deeds to affect accrued rights. Consequently, the court allowed the appeal, set aside the orders made by the primary judge, and dismissed the respondent's appeal against the Tribunal's decision, with costs to be borne by the respondent. The court also dismissed the cross-appeal brought by the respondent.
Orders
Orders of the court
1. The appeal be allowed, with costs.
2. The orders made on 22 May 2008 be set aside.
3. In lieu of those orders, it is ordered that the appeal against the decision of the Superannuation Complaints Tribunal’s decision of 23 March 2007 be dismissed with costs.
4. The parties have liberty to apply within seven (7) days for a certificate under the Federal Proceedings (Costs) Act 1982 in respect of this appeal.
5. The cross-appeal be dismissed with costs.
Note:
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
The appellants’ reply to this was that it was Mr Woodward himself who identified 2 August 2002 as the date of his TPD. The trustee’s letter of 7 March 2005 merely indicated that the insurer could only assess his claim from 7 January 2003 because Mr Woodward had provided no evidence of TPD before that date.Consideration The superannuation fund is but a particular species of trust. As a matter of general principle and in the absence of an express power of amendment to revoke the trust or statutory warrant to do so, an amendment to a trust deed which sought retrospectively to curtail rights that had already accrued, would constitute a fraud on the power of amendment. In equity, the donee of a power of amendment of a trust deed:Shall, at the time of exercise of that power, and for any purpose for which it is used, act with good faith and sincerity, and with an entire and single view as to the real purpose and object of the power, and not for the purpose of accomplishing or carrying into effect any bye or sinister object (I mean sinister in the sense of its being beyond the purpose and intent of the power) which he may desire to effect in the exercise of power- Duke of Portland v Topham (1864) 11 HL Cas 32 at 54. As the learned authors of Jacobs’ Law of Trust in Australia (Heydon JD, 7th Ed, Lexis Nexis Butterworths 2006) p 1, [101] observe by reference to Registrar of the Accident Compensation Tribunal v Commissioner of Taxation (1993) 178 CLR 145 at 175, “a trust is an institution developed by equity and cognisable by a court of equity”. An amendment of a trust deed which constituted a fraud on a power would not be cognisable by a court of equity. It would be invalid. Thus, if, under the then terms of a superannuation fund trust deed a member of that fund had a TPD entitlement, it would be contrary to equitable principle to regard any later amendment of the deed governing that fund as capable, validly, of removing or otherwise affecting that accrued entitlement. The restraint which the law of equity imposes on the ability freely to amend a trust deed so as to interfere with accrued rights is, in part, buttressed so far as regulated superannuation funds are concerned, by reg 13.16 of the Superannuation Industry (Supervision) Regulations 1994 (Cth) (SIS Regs). Subject to exceptions which are not presently relevant, that regulation provides that a standard applicable to the operation of regulated superannuation funds is that a beneficiary’s rights or claim to accrued benefits, and the amount of those accrued benefits, must not be altered adversely to the beneficiary by amendment of the governing rules or by any other act carried out, or consented to, by the trustee of the fund. Reference should also be made to cl 25 of the deed establishing the superannuation fund which expressly prohibits a variation to the deed which “adversely affects a Member’s rights or claim to accrued benefits”. Against this background, we turn to review the jurisprudence in relation to the review function consigned to the Tribunal to see whether it reveals anything which would challenge this approach. In so doing, we find it helpful first to consider what the appellants term the “relevant definition inquiry”.