Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Phillips v Commissioner for Superannuation [2004] FCA 28
SUPERANNUATION – determination of retirement benefits – issuing of a benefit classification certificate based on answers to questions put in pre-employment medical examination – failure to properly answer questions – Administrative Appeals Tribunal re-issuing benefit classification certificate to record medical history accurately – application of ss 25(1) and (4) Administrative Appeals Tribunal Act 1976 (Cth) and s 154(4) of the Superannuation Act 1976 (Cth) – issue of determining whether link exists between conditions specified on the benefit classification certificate and the condition that caused retirement sufficient to satisfy s 66(2)(c) – whether causal connection required – meaning of 'connected with' for purposes of s 66(2)
PRACTICE AND PROCEDURE – application of s 44(1) of the Administrative Appeals Tribunal Act 1976 (Cth) – jurisdiction of the Federal Court – jurisdiction limited to questions of law
Administrative Appeals Tribunal Act 1975 (Cth) ss 25(1), 25(4), 44(1) Superannuation Act 1976 (Cth) ss 16(2), 16(4), 16(11), 16AC, 16AC(9), 66(2), 154(4) Superannuation Legislation Amendment Act 1994 (Cth)
Commissioner for Superannuation v Benham (1989) 22 FCR 413 referred to Fry v Commissioner for Superannuation (1984) 2 FCR 472 referred to Harris v Repatriation Commission (2002) 62 ALD 174 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Perrett v Commissioner for Superannuation (1991) 29 FCR 581 referred to GAIL ROSLYNNE PHILLIPS v COMMISSIONER FOR SUPERANNUATION Q20 OF 2003 STONE J 30 JANUARY 2004 SYDNEY (Heard in Brisbane)
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY DISTRICT REGISTRY Q20 OF 2003
ON APPEAL FORM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY A PRESIDENTIAL MEMBER
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