Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Resolution Life Australasia Limited v Teagle [2024] FCAFC 140 Appeal from: Resolution Life Australasia Ltd v Teagle [2023] FCA 1607
File number(s): NSD 101 of 2024
Judgment of: PERRY, DOWLING AND NEEDHAM JJ
Date of judgment: 1 November 2024
Catchwords: SUPERANNUATION – Appeal from decision of primary judge, where primary judge decided that AFCA had jurisdiction to determine a "superannuation complaint" under Division 3 of Part 7.10A of the Corporations Act 2001 (Cth) to which an insurer had been joined by making a determination against the insurer – whether "a decision" within s 1053(1)(a) of the Corporations Act 2001 (Cth) included a decision by an insurer joined to the complaint – whether an alternative route to compensation was legally unreasonable – whether AFCA's remit to determine fairness and reasonableness should be bounded by reference to duties of trustees
Corporations Act 2001 (Cth) Pt 7.10A Div 3, ss 1053(1)(a) –(j), 1053(5), 1054(1), 1054(2), 1055(1), 1055(2), 1055(4) to (7), 1057 Legislation: Insurance Contracts Act 1984 (Cth) Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 17A, 18, 37(3)(b) to (d), 37(5), 37(6) Treasury Laws Amendment (Putting Consumers First — Establishment of the Australian Financial Complaints Authority) Bill 2017 (Cth)
CGU Insurance Ltd v AMP Financial Planning Pty Ltd (2007) 235 CLR 1 Connor v Australian Financial Complaints Authority [2024] FCA 711 Distillers Co Bio-Chemicals (Aust) Pty Ltd v Ajax Insurance Co Ltd (1974) 130 CLR 1 MetLife Insurance Ltd v Australian Financial Complaints Authority & Anor (2022) 295 FCR 1; [2022] FCAFC 173 Minister for Aboriginal Affairs v Peko-Wallsend (1986) 162 CLR 24 NBMZ v Minister for Immigration and Border Protection [2014] FCAFC 38 Cases cited: QSuper Board v Australian Financial Complaints Authority Limited (2020) 267 FCR 97; [2020] FCAFC 55 Resolution Life Australasia Ltd v Teagle (Stay Application) [2023] FCA 1244 Resolution Life Australasia Ltd v Teagle [2023] FCA 1607 Retail Employees Superannuation Pty Ltd v Crocker (2001) 48 ATR 359; [2001] FCA 1330 Sharma v H.E.S.T. Australia Ltd [2022] FCA 536 Telstra Corp Ltd v Seven Cable Television Pty Ltd (2000) 178 ALR 707 Tratter v Aware Super [2024] FCAFC 36 Wan v BT Funds Management Limited [2020] 160 ACSR 81
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