Commonwealth Superannuation Scheme Board v Dexter [2004] FCA 1434

FEDERAL COURT OF AUSTRALIA

Commonwealth Superannuation Scheme Board v Dexter [2004] FCA 1434 SUPERANNUATION – Superannuation Complaints Tribunal – jurisdiction and powers – decision of trustee of a superannuation fund that accumulated contributions refunded to the member and subsequently repaid to fund commenced to accrue interest from the date repaid – whether open to Tribunal to find that decision not fair and reasonable – whether Tribunal found that the trustee's decision contrary to law – whether open to Tribunal to consider that trustee's decision based on too narrow a view of trustee's powers – whether Tribunal bound to confine its examination of the complaint to the actual decision of the trustee – whether Tribunal could remit decision to the trustee for reconsideration in accordance with directions

Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 14, 37, 6, 11, 14AA Superannuation Act 1976 (Cth) ss 137, 157(1), 27A, 27C, 27D, 3(1), 80, 8(2), 7A, 140(2), 140(3), 154A, 244 Superannuation Act 1990 (Cth) Superannuation (Interest) Regulations (Cth) reg 5

Colonial Mutual Life Assurance Society Limited v Brayley [2002] FCA 1333 followed Alcoa of Australia Retirement Plan Pty Ltd v Thompson [2002] FCA 256 (2002) 116 FCR 139 cited Retail Employees Superannuation Pty Ltd v Crocker [2001] FCA 1330 (2001) 48 ATR 359 followed Cachia v Hanes (1994) 179 CLR 403 followed Goldie v Commonwealth of Australia [2002] FCA 433 (2002) 117 FCR 566 followed COMMONWEALTH SUPERANNUATION SCHEME BOARD v BRIDGET FAIRLAM DEXTER V 493 of 2002

GRAY J 2 DECEMBER 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 493 of 2002

ON APPEAL FROM THE SUPERANNUATION COMPLAINTS TRIBUNAL

BETWEEN: CSS BOARD

APPLICANT

AND: BRIDGET FAIRLAM DEXTER