Colquhoun v SAS Trustee Corporation

Colquhoun v SAS Trustee Corporation is a case concerning the determination of a superannuation benefit for a police officer who claimed partial incapacity in the open labour market. The case was heard in the Federal Circuit and Family Court of Australia. The primary dispute was over the calculation of the plaintiff's base superannuation benefit, particularly the quantum of further benefit attributable to partial incapacity. The plaintiff argued that his benefit should be computed based on a specific percentage of his in-office salary, while the defendant, SAS Trustee Corporation, contested the basis for this computation.

The court was tasked with determining what evidence was required to establish the plaintiff's entitlement to a base superannuation benefit, and whether age was a relevant factor in this calculation. Additionally, the court had to consider the implications of the plaintiff deriving a substantial income from his own business, which he claimed was necessary to fully benefit from his business's profits. The court also had to distinguish between superannuation benefits and workers' compensation, ensuring that the calculation of the former did not improperly overlap with the latter.

In delivering its decision, the court found that the plaintiff's base superannuation benefit should be calculated from a specified date and should reflect a certain percentage of his in-office salary. The court ruled that age was not a relevant factor in this computation and clarified the distinction between superannuation benefits and workers' compensation, ensuring the plaintiff's entitlements were accurately assessed. The decision also noted that the plaintiff's income from his business was not to be considered in the computation of his superannuation benefit.

The court set aside the decision of the defendant made on 29 June 2023 and determined that the plaintiff's hurt on duty salary pension benefit should commence from 22 December 2021, calculated as 78.875% of the attributed salary of his office.