Federal Court of Australia
CATCHWORDS
Appeal from Administrative Appeals Tribunal — meaning of involuntary retirement in sub-section 58(3) of the Superannuation Act 1976 - Retrenchment - Abolition of Position -— Whether a person who refuses to accept an 'offer of alternative employment on abolition of his position
can be said to have retired involuntarily per sub-section
58(3)
Commissioner for Superannuation v. Christopher Bayley
VG No. 21 of 1979
Coram: Smithers, Keely and Lockhart Ju. Melbourne
. "42 November 1979.
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IN THE FEDERAL COURT OF AUSTRALIA )
GENERAL DIVISTON VG No. 21 of 1979
VICTORIA DISTRICT REGISTRY
BETWEEN: COMMISSIONER FOR ' "SUPERANNUATION . Plaintiff
" -FSAND
CHRISTOPHER BAYLEY . Defendant
*. : ORDER
Judges Making Order: Smithers, Keely and Lockhart JJ. -_Date of Order: 42 November 1979
Where Made: Melbourne
The Court orders that:
The appeal be dismissed with costs including the costs
,-of the respondent's application before the Honourable Mr.
Justice Keely on the 14th June 1979.
- &
IN THE FEDERAL COURT OF AUSTRALIA )
GENERAL DIVISION VG No. 21 of 1979 VICTORIA DISTRICT REGISTRY }
. BETWEEN: COMMISSIONER FOR SUPERANNUATION
Plaintiff
AND: CHRISTOPHER BAYLEY Defendant
Coram: Smithers, Keely and Lockhart JJ. 12 November 1979
REASONS FOR JUDGMENT
Smithers J.: In relation to this appeal I have had the advantage of reading the judgment of my brother Lockhart and would express my agreement therein. I also make the
following observations.
The solution of the problem raised in this appeal depends on the construction of 558(3) of the Superannuation Act 1976 (the Act), That sub-section appears in Part V of the Act which is headed
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