FEDERAL COURT OF AUSTRALIA
Edwards v Commonwealth Superannuation Corporation [2017] FCAFC 173
Appeal from: Edwards v Commonwealth Superannuation Corporation [2017] FCA 375 File numbers: VID 439 of 2017
VID 440 of 2017Judges: GRIFFITHS, PAGONE AND DAVIES JJ Date of judgment: 8 November 2017 Catchwords: SUPERANNUATION – payment of pension of deceased member – payment to person other than spouse – payment to dependent children Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth)
Superannuation Act 1976 (Cth)
Cases cited: Attorney-General (Cth) v Breckler (1999) 197 CLR 83
Board of Trustees of the State Public Sector Superannuation Scheme v Edington (2011) 119 ALD 472
Date of hearing: 31 October 2017 Registry: Victoria Division: General Division National Practice Area: Administrative and Constitutional Law and Human Rights Category: Catchwords Number of paragraphs: 9 Counsel for the Appellant: Mr D Gibson Counsel for the Respondents: Ms E Bennett Solicitor for the Respondents: Allens ORDERS
VID 439 of 2017 BETWEEN: WALTER PERCIVAL EDWARDS
Appellant
AND: COMMONWEALTH SUPERANNUATION CORPORATION
Respondent
JUDGES:
GRIFFITHS, PAGONE AND DAVIES JJ
DATE OF ORDER:
8 NOVEMBER 2017
THE COURT ORDERS THAT:
1.The appeal be dismissed with costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
ORDERS
VID 440 of 2017 BETWEEN: WALTER PERCIVAL EDWARDS
Appellant
AND: SUPERANNUATION COMPLAINTS TRIBUNAL
First Respondent
COMMONWEALTH SUPERANNUATION CORPORATION
Second Respondent
JUDGES:
GRIFFITHS, PAGONE AND DAVIES JJ
DATE OF ORDER:
8 NOVEMBER 2017
THE COURT ORDERS THAT:
1.The appeal be dismissed with costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
THE COURT:
The outcome of these appeals depends upon the claim made by the appellant (“Mr Edwards”) that payments made to his children pursuant to s 114 of the Superannuation Act 1976 (Cth) (“the Superannuation Act”) ought instead to have been paid to him. His children had been found to be eligible to receive part of a payment payable to their mother (“Ms Harris”) as the de facto spouse of the late Mr Paulusz, a deceased member of the Commonwealth Superannuation Scheme Fund (“the Fund”) managed by the Commonwealth Superannuation Corporation (“the Trustee”). On 20 May 2013 it had been determined by the Superannuation Complaints Tribunal that Ms Harris was eligible for a spousal benefit under the Fund and that a portion of the pension would include the payment of arrears in respect of her children from 17 May 2009 (the date of Mr Paulusz’s death) until the then next pension payday (then being 8 August 2013). On 29 July 2013 the Trustee decided that the portion of Ms Harris’ pension referrable to her children be paid directly to them pursuant to s 114 of the Superannuation Act.
The payments in question related to a period during which the two children were in the care and control of and were dependant on Mr Edwards (their father) rather than their mother (Ms Harris) or the deceased…
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- Case
- [2017] FCAFC 173
- Decision Date
CaseChat Overview and Summary
The central legal issues were whether the will's stipulations were valid and enforceable and whether the Commonwealth Superannuation Corporation was bound by those stipulations. The primary consideration was whether the provisions of the superannuation scheme and the will were in conflict, and if so, which should prevail. The court needed to determine whether the statutory provisions governing the payment of pensions could be overridden by the terms of a will.
The court found that the provisions of the superannuation scheme were clear and unambiguous, and they did not allow for the payment of the pension to anyone other than the spouse of the deceased member. The court held that the statutory provisions took precedence over the terms of the will, as the superannuation scheme was a statutory entity with its own governing rules. The court further found that the Commonwealth Superannuation Corporation was not legally bound to honour the deceased's will regarding the distribution of the pension. Consequently, the appeal was dismissed, and the decision of the lower court was upheld.
Orders
Orders of the court
1. The appeal be dismissed with costs.
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
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Ratio Decidendi
Legal Principle Established
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