Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Woodward v Australian Super Pty Ltd (formerly STA) [2008] FCA 706
SUPERANNUATION – appeal from a determination of the Superannuation Complaints Tribunal – where the SCT affirmed decisions of the first and second respondent that the applicant was not totally and permanently disabled – whether any questions of law raised on appeal – whether the SCT considered the relevant time in determining whether the applicant was totally and permanently disabled – appeal allowed.
Superannuation (Resolution of Complaints) Act 1993 (Cth) Australian Securities & Investments Commission v Saxby Bridge Financial Planning Pty Ltd (2003) 133 FCR 290 cited Birdseye v Australian Securities & Investments Commission (2003) 76 ALD 321 cited Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 considered Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 cited Davis v Rio Tinto Staff Superannuation Fund Pty Ltd (2002) 118 FCR 170 followed Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 cited SAAP v Minister of Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 294 cited The Queen v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13 cited TNT Skypak International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 82 ALR 175 considered Samaras v Australian Retirement Fund Pty Ltd [2007] FCA 1323 followed NIGEL WOODWARD v AUSTRALIAN SUPER PTY LTD (FORMERLY STA), COLONIAL MUTUAL LIFE ASSURANCE SOCIETY LIMITED and SUPERANNUATION COMPLAINTS TRIBUNAL
QUD 114 of 2007
LANDER J
22 MAY 2008
SYDNEY (HEARD IN BRISBANE) IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 114 of 2007
ON APPEAL FROM THE SUPERANNUATION COMPLAINTS TRIBUNAL CONSTITUTED BY JOCELYN FURLAN, CAROLYN RE, JANET MARTIN
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