Collins & Anor v AMP Superannuation Ltd & Anor [1997] FCA 643

FEDERAL COURT OF AUSTRALIA

SUPERANNUATION - appeal from determination of Superannuation Complaints Tribunal - complaint relating to decision of trustee as to the entitlement to member's death benefit - trustee's decision that eligible beneficiaries were those nominated by member and not member's young dependant daughters - validity of nomination - consideration of requirements for standing to make a complaint under s 15(1) of Superannuation (Resolution of Complaints) Act 1993 (Cth) - whether dependents who claim that it is unfair or unreasonable for the trustee to decide that the death benefit is payable to the nominated dependents of deceased member have an "interest in the benefit" or an entitlement to "benefits through" a person having an "interest in the benefit" - whether standing to make testator's family maintenance claim sufficient basis for standing under s 15(1) - consideration of principles governing jurisdiction and functions of Complaints Tribunal in respect of discretionary and non-discretionary decisions - Tribunal's duty to determine whether Trustee's decision is unfair or unreasonable rather than whether it is correct in law - whether Tribunal erred in law - whether a constructive failure by the Tribunal to exercise jurisdiction.

ADMINISTRATIVE LAW - determination of Superannuation Complaints Tribunal - trustee's decision as to the entitlement to member's death benefit - trustee and Tribunal making decision under amended trust deed rather than under unamended trust deed - whether decision made with reference to incorrect power invalid.

COSTS - indemnity costs - Trustee responsible for inaccurate standard form and decision made under incorrect deed - succeeds on appeal - whether costs should follow the event or be paid by the Trustee on an indemnity basis. WORDS AND PHRASES - "interest" in a death benefit.