Federal Court of Australia
Federal Court of Australia
Nguyen v Australian Financial Complaints Authority [2024] FCAFC 77 Appeal from: Corbisieri v NM Superannuation Proprietary Limited [2023] FCA 1319
File number: VID 1001 of 2023
Judgment of: SNADEN, MCELWAINE AND MEAGHER JJ
Date of judgment: 13 June 2024
Catchwords: ADMINISTRATIVE LAW – appeal from decision of single judge of the Federal Court of Australia – "death benefit" payable under superannuation policy – where deceased member declared in a text message to his sister that he intended to end his relationship – text sent only a short time before death – where superannuation trustee made determination not to pay benefit to the deceased member's former partner on the grounds that he was not the member's spouse at the time of death – where first respondent (AFCA) set aside determination on the grounds that it was not fair and reasonable – where primary judge set aside AFCA's determination – whether text message sufficed to terminate the relationship – whether AFCA decision was open on the evidence or was a product of legal error – appeal allowed
Legislation: Corporations Act 2001 (Cth) ss 1050, 1055, 1057
Cases cited: Corbisieri v NM Superannuation Proprietary Limited [2023] FCA 1319 Corbisieri v NM Superannuation Proprietary Limited (No 2) [2023] FCA 1531 Hibberson v George (1989) 12 Fam LR 725 In the Marriage of Tye (1976) 9 ALR 529 Kostas v HIA Insurance Services Pty Ltd t/as Home Owners Warranty (2010) 241 CLR 390 S v B (No 2) [2005] 1 QdR 537 S v S [2000] FMCAfam 50
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