Commissioner for Superannuation v Ashmore [2001] FCA 666

FEDERAL COURT OF AUSTRALIA

Commissioner for Superannuation v Ashmore [2001] FCA 666 ADMINISTRATIVE LAW - Administrative Appeals Tribunal - hearing before single member - respondent gave oral evidence - tribunal reconstituted with three members - respondent gave no further evidence - procedural fairness - whether tribunal can make findings on creditworthiness - waiver of right to give oral evidence - superannuation - late election to preserve benefits of Commonwealth Superannuation Scheme - decision not to recognise late election - decision not to grant extension of time in which to request reconsideration of late election decision - considerations to be taken into account Superannuation Act 1976 (Cth) ss 137, 154, 157 Administrative Appeals Tribunal Act 1975 (Cth) s 39, 44 Commissioner of Superannuation v Boardman (1994) 50 FCR 236 referred to COMMISSIONER FOR SUPERANNUATION v CAROLYN ASHMORE N 87 of 2001 SUNDBERG, EMMETT & FINKELSTEIN JJ 25 JUNE 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 87 OF 2001

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: COMMISSIONER FOR SUPERANNUATION

APPELLANT

AND: CAROLYN ASHMORE

RESPONDENT

JUDGES: SUNDBERG, EMMETT & FINKELSTEIN JJ

DATE OF ORDER: 25 JUNE 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders made on 15 December 2000 be set aside and in lieu thereof order that the application be dismissed with costs. 3. The respondent pay the appellant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 87 OF 2001

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: COMMISSIONER FOR SUPERANNUATION