Samaras v Australian Retirement Fund Pty Ltd [2007] FCA 1323

FEDERAL COURT OF AUSTRALIA

Samaras v Australian Retirement Fund Pty Ltd [2007] FCA 1323

SUPERANNUATION – appeal from Superannuation Complaints Tribunal – construction of Total and Permanent Disablement under insurance policy – identification of relevant illnesses for purposes of assessment PROCEDURAL FAIRNESS – whether failure to permit complainant to make oral submissions compromised right to procedural fairness – where entitlement to make oral submissions subject to statutory discretion – where complainant provided written submissions – where complainant invited by Tribunal to provide further written submissions Superannuation (Resolution of Complaints) Act 1993 (Cth) Attorney-General (Cth) v Breckler (1999) 197 CLR 83 cited Auspine Staff Superannuation Pty Ltd v Henderson (2007) 14 ANZ Insurance Cases 90-127referred to, distinguished Cameron v Board of Trustees of the State Public Sector Superannuation Scheme (2003) 130 FCR 122 cited Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 referred to Davis v Rio Tinto Staff Superannuation Fund Pty Ltd (2002) 118 FCR 170 cited Guo Wei Rong v Minister for Immigration and Ethnic Affairs (1995) 38 ALD 38 cited Marks v CSS Board of Trustees [2005] FCA 797 cited Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited National Mutual Life Association of Australia Ltd v Campbell (2000) 99 FCR 562 cited Retail Employees Superannuation Pty Ltd v Crocker (2001) 48 ATR 359 cited JOHN SAMARAS v AUSTRALIAN RETIREMENT FUND PTY LTD, COLONIAL MUTUAL LIFE ASSURANCE SOCIETY LIMITED AND SUPERANNUATION COMPLAINTS TRIBUNAL VID 980 OF 2006

GORDON J

31 AUGUST 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 980 OF 2006

ON APPEAL FROM THE SUPERANNUATION COMPLAINTS TRIBUNAL BETWEEN: JOHN SAMARAS