Neal, J.B. v. Commissioner for Superannuation [1987] FCA 275

SUPERANNUATION - Benefit classificatisn certificate - zonaidering medical reports - Death cf emplicyse pricr certificate - Whether if certificate ts issue it must within a reasonable time after medical reaperts receive temporal limitations to be implied into statutory ses because provisions said to operate unfairly in absence limitation.

Acministvative Appears Tribunal Ast 2275 (2th), 3.44 surerannuation Act 1976 (Cth:, ss.16, 32

cANICE BEVERLY NEAL v. COMMISSIONER FOP SuUPEDANNUATIION

ACT G 51 of 1986

Fox, Neaves and Beaumont IJ. 4 June 1937

Sydney

$4. fe be cr hd

@lay in o is2ue of suc

- Whether 3icns of

iN THE FEDERAL COURT OF AUSTRALIA

)

)

)

) No. ACT S 51 of 13ee DISTRICT REGISTRY ) ) )

GENERAL DIVISTON

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: ZJANTCE BEVERLY NEAL

Applicant AND: COMMISSIONER FER SUPERANNUATICN

Pesponcent

MINUTE OF ORDER

COURT : Fox, Neaves and Beaumont JJ.

IS} wo rH o ry Ss) ES) E 4 June 1987

AHERE MADE : Sydney

THE COURT ORDERS THAT:

l. The application be dismissed. 2. The applicant pay tne respondent's costs cf the application. Note: Settlement and entry of craers is dealt witn in Oraer 36

or the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

DISTRICT REGISTRY

) ) ) } No. ACT G 51 of 1986 ) ) )

GENERAL DIVISION

QN_APPEAL FROM THE GENERAL ADMINISTRATIVE

DIVISION OF THE ADMINISTRATIVE APPEALS 'URIBUNAL

BETWEEN : JANICE BEVERLY NEAL Applicant AND: COMMISSIONER FOR

Responcent

(o) [e) -O lead =

Fox, Neaves and Beaumont JJ.

D s if f

4 June 19937

REASONS FOR JUDGMENT

FOX and NEAVES JJ.

This application by way of appeal from a decision of the Administrative Appeals Tribunal raises the question wnether the Commissioner for Superannuation ( the "ommissioner" was authorised by s.16(19) of the Superannuation Act Lara (Tern)