Commonwealth Superannuation Scheme Board v Dexter

[2004] FCA 1434

FEDERAL COURT OF AUSTRALIA

Commonwealth Superannuation Scheme Board v Dexter [2004] FCA 1434

SUPERANNUATION – Superannuation Complaints Tribunal – jurisdiction and powers – decision of trustee of a superannuation fund that accumulated contributions refunded to the member and subsequently repaid to fund commenced to accrue interest from the date repaid – whether open to Tribunal to find that decision not fair and reasonable – whether Tribunal found that the trustee’s decision contrary to law – whether open to Tribunal to consider that trustee’s decision based on too narrow a view of trustee’s powers – whether Tribunal bound to confine its examination of the complaint to the actual decision of the trustee – whether Tribunal could remit decision to the trustee for reconsideration in accordance with directions

Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 14, 37, 6, 11, 14AA
Superannuation Act 1976 (Cth) ss 137, 157(1), 27A, 27C, 27D, 3(1), 80, 8(2), 7A, 140(2), 140(3), 154A, 244
Superannuation Act 1990 (Cth)
Superannuation (Interest) Regulations (Cth) reg 5

Colonial Mutual Life Assurance Society Limited v Brayley [2002] FCA 1333 followed
Alcoa of Australia Retirement Plan Pty Ltd v Thompson [2002] FCA 256 (2002) 116 FCR 139 cited
Retail Employees Superannuation Pty Ltd v Crocker [2001] FCA 1330 (2001) 48 ATR 359 followed
Cachia v Hanes (1994) 179 CLR 403 followed
Goldie v Commonwealth of Australia [2002] FCA 433 (2002) 117 FCR 566 followed

COMMONWEALTH SUPERANNUATION SCHEME BOARD v BRIDGET FAIRLAM DEXTER
V 493 of 2002

GRAY J
2 DECEMBER 2004
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V 493 of 2002

ON APPEAL FROM THE SUPERANNUATION COMPLAINTS TRIBUNAL

BETWEEN:	CSS BOARD APPLICANT
AND:	BRIDGET FAIRLAM DEXTER RESPONDENT
JUDGE:	GRAY J
DATE OF ORDER:	2 DECEMBER 2004
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.        The appeal be dismissed.

2.        The applicant pay the respondent’s costs of the appeal.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V 493 of 2002

ON APPEAL FROM THE SUPERANNUATION COMPLAINTS TRIBUNAL

BETWEEN:	CSS BOARD APPLICANT
AND:	BRIDGET FAIRLAM DEXTER RESPONDENT

JUDGE:	GRAY J
DATE:	2 DECEMBER 2004
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

The nature and history of the proceeding

1. This appeal from a decision of the Superannuation Complaints Tribunal (‘the Tribunal’) concerns the extent of the powers of the Tribunal.  The question is whether the Tribunal has the power to decide that a decision of a trustee of a superannuation fund was not fair and reasonable, because of the circumstances attending it, although the decision itself is correct in law. 

2. Pursuant to ss 14 and 37 of the Superannuation (Resolution of Complaints) Act 1993 (Cth) (‘the SRC Act’), the Tribunal was dealing with a complaint about a decision of the Commonwealth Superannuation Scheme Board (‘the CSS Board’), made on 4 February 1999. The CSS Board’s decision was that accumulated contributions to the Commonwealth Superannuation Scheme (‘the CSS’) fund made by the respondent, Ms Dexter,…