Merkel v Superannuation Complaints Tribunal [2010] FCA 564

FEDERAL COURT OF AUSTRALIA

Merkel v Superannuation Complaints Tribunal [2010] FCA 564

Citation: Merkel v Superannuation Complaints Tribunal [2010] FCA 564

Parties: MARILYN MAY MERKEL v SUPERANNUATION COMPLAINTS TRIBUNAL, FIONA POWERS and TELSTRA SUPER PTY LTD (ACN 007 422 522)

File number(s): VID 534 of 2009

Judge: GRAY J

Date of judgment: 4 June 2010

Catchwords: ADMINISTRATIVE LAW – procedural fairness – whether denial of fair hearing – failure to make available adverse information that was credible, relevant and significant to the decision to be made and was relied on by decision-maker – decision that complaint outside jurisdiction of Superannuation Complaints Tribunal – decision based on information in documents provided by trustee of superannuation fund – documents not made available to complainant, even after request for them, when initial decision being reviewed by Tribunal's director SUPERANNUATION – Superannuation Complaints Tribunal – jurisdiction and powers – whether complaint related to the management of a fund as a whole – decision of trustee of superannuation fund to pay to beneficiary of deceased member a sum less than that standing to the member's credit, by removing gains accumulated after death and substituting interest – whether decision made in application of rule or policy relates to management of fund as a whole COSTS – administrative decision-maker – whether order for costs should be made against decision-maker when decision set aside – decision by officer of Superannuation Complaints Tribunal that complaint was outside tribunal's jurisdiction – decision affirmed by tribunal's director – denial of procedural fairness – reliance on information supplied by trustee of superannuation fund that was not made available to complainant – failure to make available that information, even when requested by complainant – decision made without regard to authorities on statutory provision under which it was made – no subsequent action to remedy jurisdictional error