Campbell v Superannuation Complaints Tribunal

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FEDERAL COURT OF AUSTRALIA

Campbell v Superannuation Complaints Tribunal [2017] FCA 1509

File number: QUD 242 of 2017
Judge: LOGAN J
Date of judgment: 12 December 2017
Catchwords:

ADMINISTRATIVE LAW – where applicant in receipt of invalidity pension benefit pursuant to Military Superannuation Benefits Scheme – whether respondent was obliged to furnish applicant with information about the annual pension amount of invalidity pension paid under that scheme – whether Tribunal erred in affirming, subject to correction of the reference to the applicable regulation, respondent’s decision to furnish that information in a certificate provided to the applicant – Family Law Act 1975 (Cth), Pt VIIIB, Family Law (Superannuation) Regulations 2001, Military Superannuation and Benefits Scheme) Determination 2004 (Cth)

FAMILY LAW – where applicant in receipt of invalidity pension benefit pursuant to Military Superannuation Benefits Scheme – whether respondent was obliged to furnish applicant with information about the annual pension amount of invalidity pension paid under that scheme – whether Tribunal erred in affirming, subject to correction of the reference to the applicable regulation, respondent’s decision to furnish that information in a certificate provided to the applicant – Family Law Act1975 (Cth), Pt VIIIB, Family Law (Superannuation) Regulations 2001, Military Superannuation and Benefits Scheme Determination 2004 (Cth)

Legislation:

Acts Interpretation Act 1901 (Cth) s 25D

Administrative Decisions (Judicial Review) Act 1977 (Cth) s 13

Family Law Act 1975 (Cth) s 90MZB

Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 22, 40, 46

Family Law (Superannuation) Regulations 2001 reg 63

Cases cited:

Board of Trustees of the State Public Sector Superannuation Scheme v Edington [2011] FCAFC 8; (2011) 119 ALD 472

Campbell v Superannuation Complaints Tribunal (2016) 155 ALD 66; [2016] FCA 808

Edwards v Commonwealth Superannuation Corporation [2017] FCAFC 173

Esber v Commonwealth (1992) 174 CLR 430

Minister for Immigration and Ethnic Affairs v Wu Shang Liang (1996) 185 CLR 259

Date of hearing: 9 November 2017
Registry: Queensland
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 37
Counsel for the Applicant: Mr D Katter with Mr J Ward
Solicitor for the Applicant: Macpherson Kelley
Counsel for the First Respondent: The First Respondent filed a Submitting Notice, with a reservation in respect of costs
Counsel for the Second Respondent: Mr R Douglas QC with Mr R Schulte
Solicitor for the Second Respondent: Australian Government Solicitor

ORDERS

QUD 242 of 2017
BETWEEN:

BRADLEY CAMPBELL

Applicant

AND:

SUPERANNUATION COMPLAINTS TRIBUNAL

First Respondent

COMMONWEALTH SUPERANNUATION CORPORATION

Second Respondent

JUDGE:

LOGAN J

DATE OF ORDER:

12 DECEMBER 2017

THE COURT ORDERS THAT:

1.The appeal be dismissed.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.


REASONS FOR JUDGMENT

LOGAN J:

  1. This case is a sequel to an earlier, partially successful appeal by the present applicant, Mr Bradley Campbell, against a decision of the Superannuation Complaints Tribunal (Tribunal): Campbell v Superannuation Complaints Tribunal (2016) 155 ALD 66; [2016] FCA 808 (earlier judgment). On that occasion,…

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Details
Case
[2017] FCA 1509
Decision Date

CaseChat Overview and Summary

In the matter of Campbell v Superannuation Complaints Tribunal, the applicant sought review of a decision made by the Tribunal concerning the provision of information regarding the annual pension amount of an invalidity pension paid under the Military Superannuation Benefits Scheme. The dispute arose under the Family Law Act 1975 (Cth), Pt VIIIB, the Family Law (Superannuation) Regulations 2001, and the Military Superannuation and Benefits Scheme Determination 2004 (Cth). The key issue before the court was whether the respondent was legally required to furnish the applicant with information about the annual pension amount of the invalidity pension and whether the Tribunal had erred in affirming the respondent's decision to provide this information in a certificate to the applicant.

The court considered whether the respondent had an obligation to provide the specific information requested by the applicant. It examined the relevant provisions of the Family Law Act, the regulations, and the determination, focusing on the scope of disclosure required under the Military Superannuation Benefits Scheme. The court concluded that the respondent was not legally bound to provide the information in the manner requested by the applicant, but the Tribunal's decision to affirm the provision of such information in a certificate was correct, subject to a correction in the reference to the applicable regulation.

The court found that the Tribunal did not err in its decision, as it had correctly identified the statutory framework and the obligations of the respondent. The Tribunal's decision was affirmed with a minor correction regarding the reference to the applicable regulation. Consequently, the appeal was dismissed, and the court ordered that the appeal be dismissed as per Rule 39.32 of the Federal Court Rules 2011.

Orders

Orders of the court

1. The appeal be dismissed.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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