Seafarers Retirement Fund Pty Ltd v Oppenhuis [1999] FCA 1683

FEDERAL COURT OF AUSTRALIA

Seafarers' Retirement Fund Pty Ltd v Oppenhuis [1999] FCA 1683

SUPERANNUATION – disability benefit – non-discretionary decision of trustee – jurisdiction of Superannuation Complaints Tribunal to hear complaints in relation to non-discretionary decisions – whether review conducted by the Tribunal of the trustee's decision is a hearing de novo – whether Tribunal has power to dispense with compliance with requirements of Trust Deed

STATUTORY CONSTRUCTION – whether an amending Act enacted "to avoid doubt" is declaratory and therefore intended to be retrospective Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 14, 14AA, 18(1)(d), 36, 37 and 41 Superannuation Industry (Supervision) Act 1993 (Cth) s 58 Acts Interpretation Act 1901 (Cth) s 15

Wilkinson v CARE Superannuation (1998) 79 FCR 469 – cited Collins v AMP Superannuation Ltd (1997) 75 FCR 565 – cited Attorney-General (Cth) v Breckler (1999) 163 ALR 576 – considered Commissioner of Stamps v Telegraph Investment Co Pty Ltd (1995) 184 CLR 453 – cited Rodway v The Queen (1990) 169 CLR 515 – cited Harding v Commissioners of Stamps (Qld) [1898] AC 769 – cited Inland Revenue Commissioners v Joiner – [1975] 1 WLR 1701 – cited Brandy v Human Rights and Equal Opportunity Commission (1995) 183 CLR 245 – cited Republic of South Africa v Dutton (1997) 77 FCR 128 – considered Re Brindle; Ex parte FB and FA McMahon Pty Ltd (1992) 35 FCR 506 – applied Harris v Calladine (1991) 172 CLR 84 - cited

SEAFARERS' RETIREMENT FUND PTY LTD (as Trustee of the SEAFARERS' RETIREMENT FUND) VG 165 of 1997 JUDGE: MERKEL J DATE: 3 DECEMBER 1999 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 165 OF 1997

BETWEEN: SEAFARERS' RETIREMENT FUND PTY LTD (as Trustee of the SEAFARERS' RETIREMENT FUND)