FEDERAL COURT OF AUSTRALIA
Rhodes v Tower Superannuation Fund [2004] FCA 510
SUPERANNUATION – appeal from Superannuation Complaints Tribunal – termination of membership – exit fee – whether reviewable by Tribunal – non-discretionary – fixed by terms of insurance policy – no basis for Tribunal to interfere – appeal dismissed.
Superannuation (Resolution of Complaints) Act 1993 (Cth) s 6, s 12, s 14, s 14AA, s 37
Attorney-General (Cth) v Breckler (1999) 197 CLR 83 cited
Wilkinson v Clerical Administrative and Related Employees Superannuation Pty Ltd (1998) 79 FCR 469 cited
Briffa v Hay (1997) 75 FCR 428 cited
Retail Employee Superannuation Pty Ltd v Crocker [2001] FCA 1330 cited
Colonial Mutual Life Assurance Society Limited v Brayley [2002] FCA 1333 citedALLYSON JANE RHODES v TOWER SUPERANNUATION FUND
W87 OF 2003FRENCH J
27 APRIL 2004
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
W87 OF 2003
BETWEEN:
ALLYSON JANE RHODES
APPLICANTAND:
TOWER SUPERANNUATION FUND
RESPONDENTJUDGE:
FRENCH J
DATE OF ORDER:
27 APRIL 2004
WHERE MADE:
PERTH
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2.The parties to file and serve written submissions as to the costs of the proceedings within 14 days.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
W87 OF 2003
BETWEEN:
ALLYSON JANE RHODES
APPLICANTAND:
TOWER SUPERANNUATION FUND
RESPONDENT
JUDGE:
FRENCH J
DATE:
27 APRIL 2004
PLACE:
PERTH
REASONS FOR JUDGMENT
Introduction
Allyson Jane Rhodes, a schoolteacher, entered into a superannuation plan with the FAI Life group in 1994. In 1999 she decided to transfer her benefit into another superannuation policy as she had three such policies and regarded the level of their fees as uneconomic. Her account with the FAI Plan had a balance of approximately $29,000 at the time. She was told however that there would be an exit fee in excess of $13,000 which would be retained by the insurer if she were to transfer the benefit.
Eventually Ms Rhodes lodged a complaint with the Superannuation Complaints Tribunal (‘the Tribunal’). The complaint was made on various grounds relating to the bases upon which she was induced to enter into the FAI superannuation plan and the level of exit fee. Ultimately the Tribunal affirmed what it described as the Trustee’s decision, holding that the exit fee was equitable. She then appealed to this Court against the Tribunal’s decision on the basis that there was no evidence to support its finding that the exit fee was equitable. Counsel for the Trustee, however, took a threshold point that there was no relevant decision by the Trustee which could be reviewed by the Tribunal as the exit fee was required to be deducted under the terms of the policy and the Rules comprising the Trust Deed.
For the reasons that follow, I am satisfied that that threshold point is correct and fatal to the applicant’s appeal.
Factual Background
Allyson Jane…
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- Case
- [2004] FCA 510
- Decision Date
CaseChat Overview and Summary
The court considered the nature of the exit fee, its calculation, and the circumstances under which it was imposed. The Tribunal had found that the fee was in accordance with the terms and conditions of the policy and the relevant trust deeds. Ms Rhodes argued that the fee was a penalty and should be void, as it was not justified and the respondent had failed to provide evidence of the true loss incurred from early termination or proper justification for the fee formula. The court needed to decide whether the Tribunal's finding on the validity of the exit fee was correct and whether the appeal should be dismissed.
The court held that the Tribunal's decision was well-reasoned and supported by the evidence. It found that the Tribunal had properly considered the arguments presented by both parties and had reached a conclusion that was consistent with the applicable law. The court was satisfied that the threshold point regarding the validity of the exit fee was correctly decided by the Tribunal and was fatal to Ms Rhodes' appeal. The court dismissed the appeal and ordered the parties to file and serve written submissions on the costs of the proceedings within 14 days.
Orders
Orders of the court
1. The appeal be dismissed.
2. The parties to file and serve written submissions as to the costs of the proceedings within 14 days.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by:
Full text does not contain this section.