FEDERAL COURT OF AUSTRALIA
Campbell v Superannuation Complaints Tribunal [2016] FCA 808
File number: QUD 178 of 2016 Judge: LOGAN J Date of judgment: 15 July 2016 Catchwords: ADMINISTRATIVE LAW – where applicant in receipt of invalidity pension benefit pursuant to Military Superannuation Benefits Scheme – whether invalidity pension is a defined benefit interest – whether entitlement to invalidity pension under the Scheme is a superannuation interest – meaning of superannuation interest – whether respondent was obliged to furnish applicant with information which valued the interest as a defined benefit interest – whether Tribunal erred in affirming respondent’s decision to treat applicant’s complaint as withdrawn – Family Law Act 1975 (Cth), Pt VIIIB, Family Law (Superannuation) Regulations 2001, Military Superannuation Benefits Act 1991 (Cth)
FAMILY LAW – where applicant in receipt of invalidity pension benefit pursuant to Military Superannuation Benefits Scheme – whether invalidity pension is a defined benefit interest – whether entitlement to invalidity pension under the Scheme is a superannuation interest – meaning of superannuation interest – whether respondent was obliged to furnish applicant with information which valued the interest as a defined benefit interest – whether Tribunal erred in affirming respondent’s decision to treat applicant’s complaint as withdrawn – Family Law Act 1975 (Cth) Pt VIIIB, Family Law (Superannuation) Regulations 2001, Military Superannuation Benefits Act 1991 (Cth)
Legislation: Defence Force Retirement and Death Benefits Act 1973 (Cth)
Family Law (Superannuation) Regulations 2001 regs 5, 5(1), 5(1)(a), 5(1)(b), 5(1A), 5(2), 11, 12, 64, 64(7), 64A
Family Law Act 1975 (Cth) ss 79, 90MB(1)(c) 90MD, 90ME, 90ME(1)(a), 90ME(2),90MZB, 90MZB(2), 90MZB(3)
Governance of Australian Government Superannuation Schemes Act 2011 (Cth) s 4
Military Superannuation and Benefits Act 1991 (Cth) s 4
Military Superannuation and Benefits Rules r 28
Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 14AA, 14AA(2), 22(3)(b), 46
Superannuation Industry (Supervision) Act 1993 (Cth)
Cases cited: Board of Trustees of the State Public Sector Superannuation Scheme v Edington [2011] FCAFC 8; (2011) 119 ALD 472
C v B-H & Anor [2005] FamCA 431
Hickey v Hickey [2003] FamCA 395
McKenzie v McKenzie [1971] P 33
Scott v Commissioner of Taxation (No 2) (1966) 40 ALJR 265
Simpson & Simpson [2014] FamCA 521
Date of hearing: 3 May 2016 Date of last submissions: 31 May 2016 Registry: Queensland Division: General Division National Practice Area: Administrative and Constitutional Law and Human Rights Category: Catchwords Number of paragraphs: 55 Counsel for the Applicant: The applicant appeared in person (assisted by a McKenzie friend) Counsel for the Respondents: Mr R C Schulte Solicitor for the Respondents: Australian Government Solicitor ORDERS
QUD 178 of 2016 BETWEEN: BRADLEY JAMES CAMPBELL
Applicant
AND: SUPERANNUATION COMPLAINTS TRIBUNAL
First Respondent
COMMONWEALTH SUPERANNUATION CORPORATION
Second Respondent
JUDGE:
LOGAN J
DATE OF ORDER:
15 JULY 2016
THE COURT ORDERS THAT:
1.The notice of appeal from the first respondent should be read as raising the following questions of law:
(a)Is the applicant’s entitlement to receive an invalidity pension benefit, pursuant to the Military Superannuation Benefit Scheme (MSBS)…
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- Case
- [2016] FCA 808
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included determining the definition of a superannuation interest and the implications of this definition for Mr. Campbell’s invalidity pension under the MSBS. Specifically, the court had to decide if the invalidity pension was a superannuation interest as defined in the Family Law Act 1975 (Cth) and if CSC was required to provide information valuing this interest as a defined benefit interest under the Family Law (Superannuation) Regulations 2001 (FLSR). Another issue was whether the SCT was correct in affirming CSC's decision to treat Mr. Campbell's complaint as withdrawn.
The court concluded that the invalidity pension was indeed a superannuation interest as defined in the Family Law Act. The court found that the SCT was incorrect in affirming CSC's decision to treat Mr. Campbell's complaint as withdrawn. The court held that CSC was obligated to provide Mr. Campbell with information valuing his interest, but it should have been based on the interest being an accumulation interest rather than a defined benefit interest. The court determined that the SCT's decision to treat the complaint as withdrawn was erroneous, leading to the conclusion that the complaint should be reconsidered.
The final orders of the court specified that the appeal should be read as raising questions regarding the nature of Mr. Campbell's entitlement to the invalidity pension benefit under the MSBS. The court answered these questions in the affirmative and established that CSC should have provided information based on the invalidity pension being an accumulation interest. Consequently, the SCT's decision to treat Mr. Campbell's complaint as withdrawn was set aside, and the matter was remitted to the SCT for reconsideration in light of the court's findings.
Orders
Orders of the court
1. The notice of appeal from the first respondent should be read as raising the following questions of law:
(a) Is the applicant’s entitlement to receive an invalidity pension benefit, pursuant to the Military Superannuation Benefit Scheme (MSBS) for which provision is made by the Military Superannuation and Benefits Trust Deed (the Deed), made by the responsible Minister in accordance with the requirement found in s 4 of the Military Superannuation and Benefits Act 1991 (Cth) a “superannuation interest” as defined by s 90MD of the Family Law Act 1975 (Cth) (Family Law Act)?
(b) If the answer to question 1(a) is, “Yes”, was the second respondent, in its capacity as the trustee of the MSBS under the Deed, in responding to a request by the applicant under s 90MZB of the Family Law Act, obliged by s 90MZB(3) of that Act and the Family Law (Superannuation) Regulations 2001 (FLSR) to furnish him with information which valued that interest on the basis that it was a “defined benefit interest” as defined by reg 5 of the FLSR or, instead, on the basis that it was, for the purposes of those regulations, an “accumulation interest”?
2. Those questions should be answered as follows:
(a) Yes; and
(b) The applicant ought to have been furnished with information by the second respondent, pursuant to its obligation under s 90MZB(3) of the Family Law Act, on the footing that this particular interest was an “accumulation interest”, not a “defined benefit interest” in terms of the definitions of those terms in the FLSR.
3. The first respondent’s decision of 1 February 2016 to treat the applicant’s complaint in respect of the second respondent’s decision as withdrawn pursuant to s 22(3)(b) of the Superannuation (Resolution of Complaints) Act 1993 (Cth) is set aside and the matter is remitted to the first respondent for reconsideration of the second respondent’s decision in accordance with the answers given to the questions of law and the Court’s reasons for judgment.
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
Ratio Decidendi
Legal Principle Established
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