Munro v Munro

[2015] QSC 61

SUPREME COURT OF QUEENSLAND

CITATION:

Munro & Anor v Munro & Anor  [2015] QSC 61

PARTIES:

VANESSA MARGARET MUNRO AND ELKE MUNRO-STEWART

(applicants)

v
PATRICIA SUZANNE MUNRO AND ANGELA POOLEY AS TRUSTEES FOR THE BARRIE AND SUZIE SUPER FUND

(respondents)

FILE NO:

BS1402 of 2015

DIVISION:

Trial Division

PROCEEDING:

Application

DELIVERED ON:

25 March 2015

DELIVERED AT:

Brisbane

HEARING DATE:

11 February 2015

JUDGE:

Mullins J

ORDER:

1. It is declared that the binding death benefit nomination form signed by Barrie John Munro and dated 22 September 2009 is not a binding nomination for the purpose of clause 31.2 of The Barrie and Suzie Super Fund established by deed dated 19 July 2004.

2. Paragraph 1 of the orders of the court made on 11 February 2015 is discharged.

CATCHWORDS:

SUPERANNUATION – BENEFITS – MATTERS AFFECTING ENTITLEMENT TO AND PAYMENT OF – OTHER MATTERS – where deceased was member of self managed superannuation fund – where deceased purported to nominate trustee of his deceased estate as a binding death benefit nomination for the purpose of the trust deed – whether trust deed imported requirements of reg 6.17A Superannuation Industry (Supervision) Regulations 1994 (Cth) – whether nomination by the deceased of the trustee of his deceased estate satisfied reg 6.22 and the relevant clause of the trust deed as the nomination of his legal personal representative – whether death benefit nomination form signed by deceased is binding on the trustee of the fund

Superannuation Industry (Supervision) Act 1993 (Cth), s 10, s 31, s 55A, s 59
Superannuation Industry (Supervision) Regulations 1994 (Cth), reg 6.17A, reg 6.22

Commissioner of Stamp Duties (Q) v Livingston (1964) 112 CLR 12, followed
Donovan v Donovan [2009] QSC 26, distinguished

COUNSEL:

S J Lee for the applicants

R D Williams for the respondents

SOLICITORS:

Bernard Knapp Lawyers for the applicants

Butler McDermott Lawyers for the respondents

1. Mr Barrie John Munro who practised as a solicitor during his working life died in August 2011 at age 66 years.  He was survived by Mrs Patricia Suzanne Munro and his two daughters from his previous marriage, Ms Vanessa Munro and Ms Elke Munro-Stewart who are the applicants.  For ease of reference, I will refer to the daughters by their given names.  Mr Munro’s last will was made on 25 May 2006 (the will).  Mr Munro’s two daughters and Mrs Munro are named as the executors of the will.  No grant of probate has been applied for in respect of the will. 

2. A dispute has arisen between Mrs Munro and the two daughters over what should happen to Mr Munro’s benefits under a self managed superannuation fund established by deed dated 19 July 2004  and entitled “The Barrie and Suzie Super Fund” (the fund).

   The fund

3. In 2004 Mr Munro consulted his financial planner, Mr Buhk, at his accountants who organised for the trust deed that was executed by Mr and Mrs Munro to establish the fund.  Mr and Mrs Munro were named in the…