Federal Court of Australia
Federal Court of Australia
Riseley v Suncorp Portfolio Services Ltd [2022] FCAFC 8 Appeal from: Riseley v Suncorp Portfolio Services Ltd [2021] FCA 472
File number: WAD 134 of 2021
Judgment of: BANKS-SMITH, STEWART AND CHEESEMAN JJ
Date of judgment: 4 February 2022
Catchwords: SUPERANNUATION – insurance – complaints under the Superannuation (Resolution of Complaints) Act 1993 (Cth) – judicial review of decision by the Superannuation Complaints Tribunal to deal with them as if they had been withdrawn because it thought that the complaints were "lacking in substance" – whether jurisdictional error or error of law by the Tribunal in concluding that a complaint that is unsupported by the evidence is "lacking in substance" – whether the Tribunal's consideration of the evidence in support of the complaints amounted to a review of the complaints on their merits not permitted prior to conciliation – nature of the task of the Tribunal – no error
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5(1)(f) Judiciary Act 1903 (Cth) s 39B Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 11, 12, 14, 14AA, 15, 16, 17A, 18, 21, 22, 24A, 25, 27, 32, 37 39 Superannuation Legislation Amendment (Resolution of Complaints) Act 1998 (Cth) Explanatory Memorandum, Superannuation Legislation Amendment (Resolution of Complaints) Bill 1998
Cases cited: Assal v Department of Health, Housing and Community Services (1992) EOC 92-409 Attorney-General v Breckler [1999] HCA 28; 197 CLR 83 Board of Trustees of State Public Sector Superannuation Scheme v Edington [2011] FCAFC 8; 119 ALD 472 Burtaleea v AustralianSuper Pty Ltd [2016] FCA 521 Kristoffersen v Superannuation Complaints Tribunal [2014] FCAFC 63 Ludowyk v Superannuation Complaints Tribunal [2013] FCA 692 Manu Chopra v Department of Education and Training [2019] VSCA 298 McAtamney v Superannuation Complaints Tribunal [2016] FCA 1062 Nagasinghe v Worthington [1994] FCA 1387; 53 FCR 175 Owners Corporation of Strata Plan 4521 v Zouk [2007]; NSWCA 23; 69 NSWLR 61 Riseley v Suncorp Portfolio Services Ltd [2021] FCA 472 State Electricity Commission of Victoria v Rabel [1998] 1 VR 102 Wilkinson v Clerical Administrative and Related Employees Superannuation Pty Ltd [1998] FCA 51; 152 ALR 332
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