Collins v AMP Superannuation Ltd [2000] FCA 1110

FEDERAL COURT OF AUSTRALIA

Collins v AMP Superannuation Limited [2000] FCA 1110

PRACTICE AND PROCEDURE – application for extension of time to file and serve notice of appeal – whether any prospects of success. COURTS AND JUDGES – disqualification – judges owning shares in parent company of respondent trustee – whether reasonable apprehension of bias.

Superannuation (Resolution of Complaints) Act 1993 (Cth), ss 14, 46. Federal Court Rules, O 52, r 15.

Collins v AMP Superannuation Ltd [2000] FCA 290, cited. Collins v AMP Superannuation Ltd (1997) 75 FCR 565, cited. Jess v Scott (1986) 12 FCR 187, followed. Blair v Curran (1939) 62 CLR 464, cited. Rogers v The Queen (1994) 181 CLR 251, cited. Webb v The Queen (1994) 181 CLR 41, cited. Mobil Oil Australia Ltd v Wellcome International Pty Ltd (1998) 81 FCR 475, cited. Ebner v Official Trustee in Bankruptcy (1999) 91 FCR 353, cited. Clenae Pty Ltd v Australia & New Zealand Banking Group Ltd [1999] VSCA 35, followed. Re Jury; Ashton v Prentice (1999) 92 FCR 68, cited.

KIMBERLEY ELLEN COLLINS & ANOR v AMP SUPERANNUATION LIMITED & ORS A 26 of 2000 SACKVILLE, KATZ & KENNY JJ 7 AUGUST 2000 CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A 26 OF 2000

BETWEEN: KIMBERLEY ELLEN COLLINS and EMMA MARIA COLLINS by their next friend GABRIELLA JEAN PISCIONERI

APPLICANTS

AND: AMP SUPERANNUATION LIMITED, the Trustee of the Maritime Officers Superannuation Fund

FIRST RESPONDENT

JUSTIN COLLINS and NICHOLAS COLLINS

SECOND RESPONDENTS

JUDGES: SACKVILLE, KATZ & KENNY JJ

DATE OF ORDER: 7 AUGUST 2000

WHERE MADE: CANBERRA

THE COURT ORDERS THAT:

1. The application for an extension of time be dismissed. 2. The applicants pay the costs of the first and second respondents. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.