FEDERAL COURT OF AUSTRALIA
Edwards v Commonwealth Superannuation Corporation [2017] FCA 375
Appeal from: Superannuation Complaints Tribunal, Determination Number D15-16\127 File numbers: VID 628 of 2016
VID 629 of 2016Judge: MORTIMER J Date of judgment: 12 April 2017 Catchwords: SUPERANNUATION – appeal of Superannuation Complaints Tribunal determination under s 46 of the Superannuation (Resolution of Complaints) Act 1993 (Cth) – applicant not a party to the Tribunal determination – lack of standing – application dismissed
ADMINISTRATIVE LAW – application for judicial review of Superannuation Complaints Tribunal determination under Administrative Decisions (Judicial Review) Act 1977 (Cth) – standing – definition of “a person aggrieved” – judicial review limited to appeal of decision from Tribunal
SUPERANNUATION – construction of s 114 of the Superannuation Act 1976 (Cth) – whether s 114 permitted payment of benefit directly to “eligible child” – legislature contemplated a payment might be made directly to a child
PRACTICE AND PROCEDURE – application under rr 9.23 and 9.25 of the Federal Court Rules 2011 (Cth) – purpose of rr 9.23 and 9.25 – application dismissed
Legislation: Administrative Decisions (Judicial Review)Act1977 (Cth), s 10
Superannuation (Resolution of Complaints) Act 1993 (Cth), ss 14, 15, 18, 27, 32, 34, 36, 37, 39, 46
Superannuation Act 1976 (Cth), ss 3, 27C, 40, 41, 109AB, 112, 114, 116, 118
Governance of Australian Government Superannuation Schemes Act 2011 (Cth), s 5
Superannuation Act 1990 (Cth), s 20
Superannuation Industry (Supervision) Act 1993 (Cth), ss 52, 101
Insurance Contracts Act 1984 (Cth), ss 5, 11, 13, 14
Federal Court Rules2011 (Cth), rr 4.12, 9.23, 9.24, 9.25
Cases cited: Assarapin v Australian Community Pharmacy Authority [2016] FCAFC 9; 239 FCR 161
Australian Conservation Foundation Incorporated v Commonwealth [1980] HCA 53; 146 CLR 493
Crimmins v Stevedoring Industry Finance Committee [1999] HCA 59; 200 CLR 1
In Re Ross; Wingfield v Blair [1907] 1 Ch 482
Kowalski v AMP Superannuation [2010] FCA 1170
Military Superannuation & Benefits Board of Trustees No 1 v Batt [2005] FCA 1865; 149 FCR 448
National Mutual Life Association of Australia Ltd v Campbell [2000] FCA 852; 99 FCR 562
New South Wales v Paige [2002] NSWCA 235; 60 NSWLR 371
Re Prime’s Estate (1883) 48 LT 208
Sklavos v Australasian College of Dermatologists [2016] FCA 179
Date of hearing: 27 March 2017 Registry: Victoria Division: General Division National Practice Area: Administrative and Constitutional Law and Human Rights Category: Catchwords Number of paragraphs: 197 Counsel for the Applicant: Applicant appears in person Counsel for the Respondent in VID 628 of 2016, and Second Respondent in VID 629 of 2016: Ms E Bennett Solicitor for the Respondent in VID 628 of 2016, and Second Respondent in VID 629 of 2016: Allens Counsel for the First Respondent in VID 629 of 2016: The First Respondent in proceeding VID 629 of…
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- Case
- [2017] FCA 375
- Decision Date
CaseChat Overview and Summary
The central legal issues revolved around the definition of "a person aggrieved" under the Administrative Decisions (Judicial Review) Act 1977 (Cth) and whether the applicant had standing to seek judicial review of the SCT's determination. Additionally, the court had to interpret section 114 of the Superannuation Act 1976 (Cth) to determine if it allowed for a benefit to be paid directly to an "eligible child". The court found that the applicant did not have standing to seek judicial review of the SCT's decision as they were not a party to the SCT's determination. Furthermore, the court held that section 114 of the Superannuation Act 1976 (Cth) did not permit a benefit to be paid directly to an "eligible child", but rather, the benefit must be paid to the legal personal representative of the deceased member.
The Federal Court dismissed the applicant's interlocutory application under rules 9.23 and 9.25 of the Federal Court Rules 2011 (Cth) as well as the substantive application. The court found that the applicant did not have standing to seek judicial review of the SCT's decision as they were not a party to the SCT's determination. The court also held that section 114 of the Superannuation Act 1976 (Cth) did not permit a benefit to be paid directly to an "eligible child". As a result, the applicant's application was dismissed with costs.
The court ordered that the applicant's interlocutory application under rules 9.23 and 9.25 of the Federal Court Rules 2011 (Cth) be dismissed with costs and that the application be dismissed with costs.
Orders
Orders of the court
1. The applicant’s interlocutory application under rules 9.23 and 9.25 of the Federal Court Rules 2011 (Cth) be dismissed with costs.
2. The application 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
Ratio Decidendi
Legal Principle Established
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