MetLife Insurance Limited v Australian Financial Complaints Authority Limited [2022] FCAFC 173

Federal Court of Australia

MetLife Insurance Limited v Australian Financial Complaints Authority Limited [2022] FCAFC 173 Appeal from: MetLife Insurance Limited v Australian Financial Complaints Authority [2022] FCA 23

File number(s): NSD 126 of 2022

Judgment of: MIDDLETON, JACKSON AND HALLEY JJ

Date of judgment: 27 October 2022

Catchwords: SUPERANNUATION – appeal from decision of primary judge, where primary judge decided that respondent (AFCA) has authority to determine complaint relating to superannuation that falls outside ambit of sub-ss 1053(1)(a)-(j) of the Corporations Act 2001 (Cth) – principles of statutory construction – textual analysis of s 1053(1) – statutory context – extrinsic materials considered – where AFCA did not have authority to determine complaint relating to superannuation falling outside sub-ss 1053(1)(a)-(j) – notice of contention that complaint by second respondent not a complaint relating to superannuation – where contractual provisions in AFCA Rules cannot consensually be expanded beyond statutorily defined limits – where no ad hoc agreement between parties that determination of the Superannuation Complaint should proceed independently of AFCA Scheme – notice of contention dismissed – appeal allowed

Legislation: Acts Interpretation Act 1901 (Cth) s 13 Corporations Act 2001 (Cth) ss 761A, 912A, 1050, 1051, 1053, 1054, 1054A, 1054B, 1054C, 1055, 1057 Revised Explanatory Memorandum, Treasury Laws Amendment (Putting Consumers First—Establishment of the Australian Financial Complaints Authority) Bill 2017 (Cth) Second Reading Speech, Treasury Laws Amendment (Putting Consumers First—Establishment of the Australian Financial Complaints Authority) Bill 2017 (Cth) Treasury Laws Amendment (Putting Consumers First—Establishment of the Australian Financial Complaints Authority) Bill 2017 (Cth)