Corbisieri v NM Superannuation Proprietary Limited

In the case of Corbisieri v NM Superannuation Proprietary Limited, the matter involved an appeal on a single question of law concerning the Australian Financial Complaints Authority Limited (AFCA) determination that set aside the decision of the trustee in relation to the death benefits of the deceased policy holder. The deceased had nominated Mr. Nguyen as his partner and non-lapsing beneficiary, but the trustee decided to pay 80% of the death benefit to the deceased's estate and 20% to Mr. Nguyen. Mr. Nguyen objected to this decision, leading to the AFCA review and subsequent setting aside of the trustee's decision. The court was tasked with determining whether the AFCA erred in law when it set aside the trustee's decision.

The central legal issue was whether AFCA was correct in law to set aside the trustee's decision on the distribution of the death benefit. Counsel for Mr. Nguyen argued that the text left by the deceased member did not terminate the de facto relationship, it was not addressed to Mr. Nguyen, and that some objective manifestation of the intention to terminate the relationship was required. The court examined the statutory framework governing AFCA's jurisdiction and powers, particularly under sections 1055 and 1055A of the Corporations Act 2001, and the requirement for AFCA to provide reasons for its determinations. The court found that AFCA did not sufficiently consider the trustee's findings and reasoning, and that the trustee's decision was fair and reasonable in all the circumstances. Therefore, the court concluded that AFCA had erred in law.

The court allowed the appeal and set aside the determination of AFCA in case number 871726. The complaint was remitted to AFCA to be determined again in accordance with the court's reasons. The court also directed the parties to file submissions regarding costs if the issue was not agreed upon. If the parties could not agree on the costs, the court would determine the costs on the papers. This decision underscores the importance of AFCA providing adequate and reasoned determinations in line with statutory requirements.