David v Superannuation Complaints Tribunal

FEDERAL MAGISTRATES COURT OF AUSTRALIA

DAVID v SUPERANNUATION COMPLAINTS TRIBUNAL & ORS [2005] FMCA 1919

ADMINISTRATIVE LAW − Administrative Decisions (Judicial Review) Act Complaint to Superannuation Complaints Tribunal against trustee of superannuation fund − whether Tribunal failed to make a decision − whether there was unreasonable delay by Tribunal.

Superannuation (Resolution of Complaints) Act1993 (Cth)
Administrative Decisions (Judicial Review) Act 1977 (Cth) s.7(1)

Evans v Superannuation Complaints Tribunal [2002] FCA 79

Applicant: ATHIP G DAVID

Respondent: SUPERANNUATION COMPLAINTS TRIBUNAL & ORS

File Number: MLG 1277 of 2005

Judgment of: Phipps FM

Hearing date: 9 November 2005

Delivered at: Melbourne

Delivered on: 22 December 2005

REPRESENTATION

The Applicant in person

No appearance for the First or Second Respondent

Counsel for the Third Respondent: Mr Connellan

Solicitor for the third Respondent: Andrew Mitchell, Legal Counsel

ORDERS

1. That the application against the first and second respondents is dismissed. 

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
MELBOURNE

MLG 1277 of 2005

ATHIP G DAVID

Applicant

And

SUPERANNUATION COMPLAINTS TRIBUNAL & ORS

Respondent

REASONS FOR JUDGMENT

1. The Superannuation (Resolution of Complaints) Act1993 (Cth) provides for a system of external review of decisions made by a trustee of a superannuation fund. Section 6 of the Act establishes the first respondent, the Superannuation Complaints Tribunal. The second respondent is the chairperson of the Tribunal. The third respondent is the trustee of the Universal Superannuation Scheme. The applicant is a member of the scheme. The applicant has made a complaint to the Tribunal that the trustee has not credited correct amounts to his superannuation accounts.

2. On 22 August 2005, the applicant filed an application in the Federal Court of Australia under s.7(1) of the Administrative Decisions (Judicial Review) Act 1977 (Cth). The proceeding was transferred to the Federal Magistrates Court by order of Sundberg J on 7 October 2005.

1. Section 7(1) provides:

   Where:

   (a) a person has a duty to make a decision to which this Act applies;

   (b) there is no law that prescribes a period within which the person is required to make that decision; and

   (c) the person has failed to make that decision;

   a person who is aggrieved by the failure of the first-mentioned person to make the decision may apply to the Federal Court or the Federal Magistrates Court for an order of review in respect of the failure to make the decision on the ground that there has been unreasonable delay in making the decision.

2. The applicant lodged his complaint with the Tribunal on 8 February 2005.  His complaint is that his superannuation accounts should be credited with an additional amount of $796.16 for the financial years ending 30 June 2000 and 30 June 2001.  In his application to the Court, he applies for an order that the Tribunal deal with his complaint expeditiously and an order that the Tribunal provide him with an explanation for the delay and an expected completion date.

3. Against the trustee, the applicant applies for an order directing the trustee to provide the necessary assistance…