FEDERAL COURT OF AUSTRALIA
Williams v IS Industry Fund Pty Ltd [2016] FCA 524
Appeal from: D14-15\188 [2015] SCTA 44 File number: QUD 189 of 2015 Judge: REEVES J Date of judgment: 13 May 2016 Catchwords: SUPERANNUATION – appeal from the Superannuation Complaints Tribunal under s 46 of the Superannuation (Resolution of Complaints) Act 1993 (Cth) limited to a question of law – consideration of definition of “interdependency relationship” in s 10A of the Superannuation Industry (Supervision) Act 1993 (Cth) and r 1.04AAAA of the Superannuation Industry (Supervision) Regulations 1994 (Cth) – whether the Tribunal was required to determine if the applicant and the deceased had an interdependency relationship immediately before the death of the deceased – whether the Tribunal was required to determine if the applicant and the deceased were living together immediately before the death of the deceased – whether if the Tribunal determined it was required to consider that was because the deceased suffered from a physical disability Legislation: Administrative Appeals Tribunal Act 1975 (Cth)
Superannuation (Resolution of Complaints) Act 1993 (Cth)
Superannuation Industry (Supervision) Act 1993 (Cth)
Superannuation Industry (Supervision) Regulations 1994 (Cth)
Cases cited: Board of Trustees of the State Public Sector Superannuation Scheme v Edington (2011) 119 ALD 472; [2011] FCAFC 8
Esposito v Commonwealth of Australia (2015) 235 FCR 1; [2015] FCAFC 160
Haritos v Commissioner of Taxation (2015) 233 FCR 315; [2015] FCAFC 92
Minister for Immigration and Border Protection v SZUSU [2016] FCAFC 50
Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259
SZTAP v Minister for Immigration and Border Protection [2015] FCAFC 175
Date of hearing: 12 November 2015 Registry: Queensland Division: General Division National Practice Area: Administrative and Constitutional Law and Human Rights Category: Catchwords Number of paragraphs: 50 Counsel for the Applicant: Mr P Bingham Solicitor for the Applicant: Maurice Blackburn Counsel for the First Respondent: Mr K Holyoak Solicitor for the First Respondent: Corrs Chambers Westgarth Counsel for the Second Respondent: The Second Respondent filed a submitting notice ORDERS
QUD 189 of 2015 BETWEEN: JOSEPH FRANCIS WILLIAMS
Applicant
AND: IS INDUSTRY FUND PTY LTD
First Respondent
BRADLEY SELVIG (AS THE LEGAL PERSONAL REPRESENTATIVE OF THE LATE JOSEPH STEPHEN WILLIAMS)
Second Respondent
JUDGE:
REEVES J
DATE OF ORDER:
13 MAY 2016
THE COURT ORDERS THAT:
1.The appeal be allowed.
2.The decision of the Superannuation Complaints Tribunal dated 17 March 2015 be set aside.
3.The matter be remitted to the Superannuation Complaints Tribunal to be heard and determined according to law and the reasons herein.
4.The first respondent is to pay the applicant’s costs of the appeal.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
REEVES J:
INTRODUCTION
Mr Joseph Stephen Williams (the deceased) was, until his untimely death in November 2011, a member of the Intrust Super Fund. IS Industry Fund Pty Ltd (IS Industry) was the trustee of that Fund. Subsequent to…
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- Case
- [2016] FCA 524
- Decision Date
CaseChat Overview and Summary
The court found that the Tribunal was indeed required to consider these matters as relevant considerations when determining if an interdependency relationship existed between Mr Williams and his deceased son. The court held that the Tribunal failed to take into account a relevant consideration which it was bound to, specifically whether the reason Mr Williams and his son were not living together was because his son suffered from a physical, intellectual or psychiatric disability. The court also found that the Tribunal’s consideration of the matter was erroneous, as it confined its analysis to the period up to May 2011, rather than the period immediately before the deceased’s death.
The court concluded that the appeal must be allowed, and Mr Williams is entitled to the orders sought in his notice of appeal filed on 20 April 2015. The decision of the Superannuation Complaints Tribunal dated 17 March 2015 is set aside, and the matter is remitted to the Superannuation Complaints Tribunal to be heard and determined according to law and the reasons provided in the court’s decision. The first respondent is to pay the applicant’s costs of the appeal.
Orders
Orders of the court
1. The appeal be allowed.
2. The decision of the Superannuation Complaints Tribunal dated 17 March 2015 be set aside.
3. The matter be remitted to the Superannuation Complaints Tribunal to be heard and determined according to law and the reasons herein.
4. The first respondent is to pay the applicant’s costs of the appeal.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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
On this second issue, IS Industry contended that the underpinning premise of Mr Williams’ submissions was that there ought to have been a factual determination that Mr Williams and his son “lived together”. IS Industry therefore contended as follows:Having found that subparagraph 10A(1)(b) of the SIS Act was not satisfied, which was reasonably and fairly open to the Tribunal to do, the Tribunal did not have to consider, inter alia, subsection 10A(2)(c) of the SIS Act because the Tribunal was not satisfied that the reason that the relationship did not satisfy the other requirements was because the Deceased suffered from a relevant disability. The Tribunal found as a fact that it was not for that reason but because, as a fact, the parties did not live together.(Footnote omitted; emphasis omitted)CONSIDERATION In its Reasons, the Tribunal appears to have set out the two matters identified above (at [12]) in discursive form as they were relevant to its determination by stating (at [46], see at [21] above) that an interdependency relationship existed under s 10A of the SIS Act if the two persons “lived together or, if they do not live together, the reason they don’t is that one of them suffers from a physical, intellectual or psychiatric disability”. Putting aside the absence of the temporal factor “immediately before the death of”, this appears to state the combined effect of s 10A(1)(b): whether “they live together”, and s 10A(2)(c): if not, whether that was because of a physical disability. It is also important to note that this description of the issues implicitly assumes that Mr Williams had complied with the threshold criterion in s 10A(1)(a) that “they have a close personal relationship”. Presumably the Tribunal made that assumption because they were father and son. The first step, then, is to determine whether one or both of those matters constituted a relevant consideration. In Esposito v Commonwealth of Australia (2015) 235 FCR 1; [2015] FCAFC 160, the Full Court described what constitutes a relevant consideration in the following terms (at [123]):The concept of a relevant consideration in administrative law denotes a matter of which a decision-maker is bound to take account. This is a legal issue to be determined from the terms of the law under which the decision is made. This will include those matters which the law explicitly says must be taken into account but also other matters when this is discernible from the subject matter, scope and purpose of the law: Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 at 39-40 per Mason J. This leads, in turn, to the question whether the Tribunal was bound to take account of one or both of the two matters set out in [12] above. I will consider those two matters in turn. On the first matter, there is no issue between the parties that under reg 1.04AAAA(1) of the SIS Regulations (made under s 10A(3): see [17] above) that the Tribunal was bound to have regard to whether Mr Williams and his son were in an interdependency relationship “immediately before the death of” the latter and to have regard to all the circumstances of the relationship including the factors, so far as they were applicable, set out in (a) and (b) of that Regulation. The only issue – that raised by IS Industry – relates to the content of these considerations, specifically whether the words “immediately before the death of” are confined to solely temporal factors, or include features of the relationship such as its continuity and permanence.