United Superannuation Pty Ltd v Harrison [2001] FCA 1468

FEDERAL COURT OF AUSTRALIA

United Superannuation Pty Ltd v Harrison [2001] FCA 1468

SUPERANNUATION – Death benefit – Superannuation Scheme provided for automatic death cover – No insurance effected by trustee of superannuation fund – Doubt as to date on which employer nominated deceased employee to fund – Determination by Superannuation Complaints Tribunal to remit matter to trustee for purpose of considering possible recompense – Validity of that decision – Discussion concerning Tribunal's powers – Comment on undesirability of a scheme that makes employees' cover dependent on nomination by employer to trustee and nomination by trustee to insurer. Superannuation (Resolution of Complaints) Act 1993: ss 37, 46 and 47.

UNITED SUPERANNUATION PTY LIMITED As the Trustee for The Statewide Superannuation Trust v IAN DOUGLAS HARRISON As executor of the Estate of Kerry Joy Reynolds

N 928 of 2001

WILCOX J

SYDNEY

19 OCTOBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 928 of 2001

BETWEEN: UNITED SUPERANNUATION PTY LIMITED

As the Trustee for The Statewide Superannuation Trust

APPLICANT

AND: IAN DOUGLAS HARRISON

As executor of the Estate of Kerry Joy Reynolds

RESPONDENT

JUDGE: WILCOX J

DATE OF ORDER: 19 OCTOBER 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The determination of the Superannuation Complaints Tribunal dated 16 May 2001 be set aside and, in lieu thereof, it be ordered that the respondent's complaint to that Tribunal be dismissed. 2. The New South Wales District Registrar draw the Court's reasons for judgment to the attention of the Minister for Financial Services and Regulation and the Australian Prudential Regulatory Authority.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.