Local Government Superannuation Board v Thorne [2002] FCA 848

FEDERAL COURT OF AUSTRALIA

Local Government Superannuation Board v Thorne [2002] FCA 848 ADMINISTRATIVE LAW - review of decision of Superannuation Complaints Tribunal - whether the decision of the Tribunal was consistent with the proper construction of the rules of the superannuation scheme - whether Tribunal erred in not finding the respondent's complaint related to the management of the superannuation scheme as a whole - whether decision of Tribunal required the applicant as trustee of a superannuation scheme to do something contrary to the governing Rules of the scheme - whether the Tribunal erred in 're-writing' the respondent's complaint. SUPERANNUATION – transfer of member between superannuation schemes – whether member entitled to payment from new scheme equivalent to bonus accumulation paid by old scheme pursuant to a change in the rules in the old scheme subsequent to the member's transfer – construction of rules of statutory scheme. Superannuation (Resolution of Complaints) Act 1993 (Cth), ss 14, 37, 46 Superannuation Industry (Supervision) Act 1993 (Cth), ss 103-105, 111-113, 130 Local Government Act 1934 (SA) ss 73, 74, 75, 76, 78, 157a (repealed), 157b (repealed) Local Government Act Amendment Act 1984 (SA) Local Government Act Amendment Act (No. 3) 1984 (SA) Briffa v Hay (1997) 75 FCR 428 - referred to Wilkinson v Clerical, Administrative and Related Employees Superannuation Pty Ltd (1997) 79 FCR 469 - referred to Lykogiannis v Retail Employees Superannuation Pty Ltd (2000) 97 FCR 361 - referred to National Mutual Life Association of Australia Ltd v Campbell (2000) 99 FCR 562 - referred to Haematite Pty Ltd as Trustee for the BHP Superannuation Fund v Ristevski [2002] FCA 408 - referred to Mettoy Pension Trustees Ltd v Evans [1990] 1 WLR 1587 – discussed Lock v Westpac Banking Corporation (1991) 25 NSWLR 593 – referred to Scully v Commissioner of Taxation (1990) 84 FCR 41 – referred to Australian Broadcasting Commission v Australasian Performing Right Association Ltd (1973) 129 CLR 99 – referred to