Insurance & Superannuation Commissioner v Hiscock [1995] FCA 693

CATCHWORDS SUPERANNUATION - compliance with occupational superannuation standards - appeal from Administrative Appeals Tribunal - breach of standards - s12(3A) Superannuation Entities (Taxation) Act 1987 - when must breach have occurred - effect of Taxation Laws Amendment (Superannuation) Act 1993 - s49 - retrospective operation - principles to be applied (the then Occupational Superannuation Standard Act 1987 s7(2)(h), 12(3), 12(3A) 13(1)now Superannuation Entities (Taxation) Act 1987) Superannuation (Consequential Amendments) Act 1992 Taxation Laws Amendment (Superannuation) Act 1993 s49 The Queen v Guardians of Ipswich Union (1877) 2 QBD 269 Refd Maxwell v Murphy (1957) 96 CLR 261 Refd R v Marshall ex parte Baranor Nominees Pty Ltd [1986] VR 19 Refd Pardo v Bingham (1869) LR 4 Ch App 735 Refd Hutchinson v Jauncey [1950] 1 KB 574 Refd Insurance and Superannuation Commissioner v Wayne Cyril Hiscock as Trustee for the Osborne Fruit Drinks Superannuation Fund No QG 159 of 1994 Kiefel J Brisbane 1 September 1995

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION No. QG 159 of 1994 (ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MS S A FORGIE (DEPUTY PRESIDENT), MR K L BEDDOE (SENIOR MEMBER) AND MR J D HORRIGAN (MEMBER)) BETWEEN: INSURANCE AND SUPERANNUATION COMMISSIONER Applicant AND: WAYNE CYRIL HISCOCK as Trustee for the OSBORNE FRUIT DRINKS SUPERANNUATION FUND First Respondent JUDGE MAKING ORDER: Kiefel J. DATE OF ORDER: 1 September 1995 WHERE MADE: Brisbane MINUTES OF ORDERS THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The decision of the Administrative Appeals Tribunal of 24 October 1994 be set aside. 3. The matter be remitted to the Administrative Appeals Tribunal for further consideration.