Campbell v Superannuation Complaints Tribunal

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,…