Evans v Superannuation Complaints Tribunal [2002] FCA 1449

FEDERAL COURT OF AUSTRALIA

Evans v Superannuation Complaints Tribunal [2002] FCA 1449 SUPERANNUATION – application for late election to preserve superannuation benefits under Superannuation Act 1976 (Cth) s 157 – earlier application for late election refused – further application for late election – whether more than one election may be made under s 137 – whether power given to second respondent by s 157 to consider recognising late election may be exercised from time to time or only once

Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Superannuation Act 1976 (Cth) ss 17, 27A, 27C, 137(1), 153AH, 153AM, 153AP, 154, 157 Superannuation Legislation Amendment Act 1984 (Cth) s 47 Superannuation Industry (Supervision) Act 1993 (Cth) Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 14, 37 Acts Interpretation Act 1901 (Cth) s 33(1) Administrative Appeals Tribunal Act 1975 (Cth) s 29(7) Colonial Mutual Life Assurance Society Limited v Brayley [2002] FCA 1333 cited Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11; 187 ALR 117 referred to Export Development Grants Board v EMI (Australia) Ltd (1985) 9 FCR 269 cited Sloane v Minister for Immigration, Local Government and Ethnic Affairs (1992) 37 FCR 429 referred to Re Claasz and Commissioner for Superannuation (1995) 38 ALD 62 not followed ROGER KEITH EVANS v SUPERANNUATION COMPLAINTS TRIBUNAL AND CSS BOARD A 71 of 2001 BRANSON J 26 NOVEMBER 2002 SYDNEY (HEARD IN CANBERRA)

IN THE FEDERAL COURT OF AUSTRALIA

ACT DISTRICT REGISTRY A 71 of 2001

BETWEEN: ROGER KEITH EVANS

APPLICANT

AND: SUPERANNUATION COMPLAINTS TRIBUNAL

FIRST RESPONDENT

CSS BOARD

SECOND RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 26 NOVEMBER 2002