Jeffcoat v Queensland Coal & Oil Shale Mining Industry (Superannuation) Ltd [2000] FCA 655

FEDERAL COURT OF AUSTRALIA

Jeffcoat v Queensland Coal & Oil Shale Mining Industry (Superannuation) Ltd 2000 [FCA] 655

SUPERANNUATION - decision by Superannuation Complaints Tribunal affirming trustee's determination of benefits - whether membership ceased on retirement de-activating trustee's obligation to pay fund monies to dependants - payment to de-facto following death of fund member - membership retained between retirement and death where entitlements not paid - Trustee's findings as to appropriate recipient of monies not justiciable JURISDICTION - accrued jurisdiction to review trustees' decisions under Trusts Act 1973 (Qld), or general equitable jurisdiction Superannuation (Resolution of Complaints) Act 1993 (Cth) s 46 Trust Acts 1973 (Qld s 8 Jedko Game Co Pty Ltd v Collector of Customs (NSW) (1987) 12 ALD 491 Cited In the Marriage of Smith (No 3) (1986) 161 CLR 217 Cited The Rochester Communications Group Pty Ltd v Adler (1996) 65 FCR 572 Cited Edensor Nominees Pty Ltd v Australian Securities and Investments Commission [1999] FCA 1722 Cited Re Coram; Ex parte Official Trustee in Bankruptcy v Inglis (1992) 36 FCR 250 Discussed Re Wakim; Ex parte McNally [1999] 163 ALR 270 Refd to

CHRISTINE O JEFFCOAT and ALAN J CORNICK v QUEENSLAND COAL AND OIL SHALE MINING INDUSTRY (SUPERANNUATION) LIMITED as Trustee of the QUEENSLAND COAL AND OIL SHALE MINING INDUSTRY SUPERANNUATION FUND and ELSIE I W ROUNTREE

QG 12 of 1997

KIEFEL J

BRISBANE

19 MAY 2000

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 12 OF 1997

BETWEEN: CHRISTINE O JEFFCOAT

FIRST APPLICANT

ALAN J CORNICK

SECOND APPLICANT

AND: QUEENSLAND COAL AND OIL SHALE MINING INDUSTRY (SUPERANNUATION) LIMITED as Trustee of the QUEENSLAND COAL AND OIL SHALE MINING INDUSTRY SUPERANNUATION FUND