Pope, Jayne Maree & Ors v Lawler, John William & Ors [1996] FCA 1080

CATCHWORDS ADMINISTRATIVE LAW - appeal from particular authority - superannuation - Superannuation Complaints Tribunal - whether decisions should be remitted to the Tribunal PRACTICE and PROCEDURE - costs - whether costs payable from death benefit Administrative Appeals Tribunal Act, s44 Superannuation (Resolution of Complaints) Act 1993, s46 Minister for Immigration and Ethnic Affairs v Gungor (1982) 42 ALR 209 JAYNE MAREE POPE, PETER GLENN DOBRICH, SALLY ANNE POLLARD, DAVID JOHN DOBRICH v JOHN WILLIAM LAWLER, KIYOAKI KONDO, RICHARD LAWRENCE SPAULL, SCOTT STEWART CARRUTHERS AS TRUSTEE OF THE CABLE SANDS STAFF SUPERANNUATION PLAN and VALERIE ANNE DOBRICH NO WAG 84 OF 1995 R D NICHOLSON J PERTH 10 DECEMBER 1996

IN THE FEDERAL COURT OF AUSTRALIA ) WESTERN AUSTRALIA DISTRICT REGISTRY) GENERAL DIVISION ) NO WAG 84 OF 1995 B E T W E E N: JAYNE MAREE POPE PETER GLENN DOBRICH SALLY ANNE POLLARD DAVID JOHN DOBRICH Applicants and JOHN WILLIAM LAWLER KIYOAKI KONDO RICHARD LAWRENCE SPAULL SCOTT STEWART CARRUTHERS AS TRUSTEE OF THE CABLE SANDS STAFF SUPERANNUATION PLAN First Respondents and VALERIE ANNE DOBRICH Second Respondent MINUTE OF ORDER JUDGE MAKING ORDER: R D NICHOLSON J DATE OF ORDER: 10 DECEMBER 1996 WHERE MADE: PERTH THE COURT ORDERS THAT: 1. Determinations D95/4/5/6/7 of the Superannuation Complaints Tribunal made on 27 June 1995 in respect of the death benefit arising from the death of Mr G F Dobrich be set aside. 2. The matter be remitted to the Tribunal to be determined again by it in accordance with the reasons of the Court given on 7 May 1996.

3. The costs of the parties be taxed and paid by way of deduction from the total death benefit prior to distribution of the benefit in accordance with the orders of the Tribunal. Note: Settlement and entry of orders is dealt with in order 36 of the Federal Court Rules.