Williams v IS Industry Fund Pty Ltd [2018] FCAFC 219

FEDERAL COURT OF AUSTRALIA

Williams v IS Industry Fund Pty Ltd [2018] FCAFC 219 Appeal from: Williams v IS Industry Fund Pty Ltd [2018] FCA 529

File number: QUD 317 of 2018

Judges: ALLSOP CJ, REEVES AND DERRINGTON JJ

Date of judgment: 4 December 2018

Catchwords: SUPERANNUATION – appeal from a decision of a single judge of this Court to uphold a decision of the Superannuation Complaints Tribunal – the meaning of "interdependency relationship" in s 10A of the Superannuation Industry (Supervision) Act 1993 (Cth) – the factors to be considered under regulation 1.04AAAA of the Superannuation Industry (Supervision) Regulations 1994 (Cth) – whether the appellant and his deceased son "lived together" for the purposes of an interdependency relationship – whether the primary judge committed any error – appeal dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 24 Migration Act 1958 (Cth) s 5F Migration Regulations 1994 (Cth) reg 1.15A Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 37(6), 46 Superannuation Industry (Supervision) Act 1993 (Cth) s 10A Superannuation Industry (Supervision) Regulations 1994 (Cth) reg 1.04AAAA

Cases cited: Clarke v Clarke [1964] VR 773 Friar v Brown [2015] FCA 135 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 He v Minister of Immigration and Border Protection [2017] FCAFC 206; 255 FCR 41 Li v Minister for Immigration and Citizenship [2008] FCA 902; 102 ALD 354 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 92 ALJR 713 Nicholas v The Queen [1998] HCA 9; 193 CLR 173 Williams v IS Industry Fund Pty Ltd [2016] FCA 524 Williams v IS Industry Fund Pty Ltd [2018] FCA 529