Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sadleir v Motor Trades Association of Australia Superannuation Fund Pty Ltd [2011] FCA 33 Citation: Sadleir v Motor Trades Association of Australia Superannuation Fund Pty Ltd [2011] FCA 33
Parties: CHRISTINE JUNE SADLEIR and MICHEAL ROBERT SADLEIR v MOTOR TRADES ASSOCIATION OF AUSTRALIA SUPERANNUATION FUND PTY LTD and VANESSA ANNE JACKSON
File number: SAD 202 of 2009
Judge: LANDER J
Date of judgment: 2 February 2011
Catchwords: SUPERANNUATION – Appeal from Tribunal's decision – error of law – whether Tribunal fulfilled statutory obligation to give reasons PRACTICE AND PROCEDURE – application to amend notice of appeal – whether amendment prejudices second respondent Held: Application to amend allowed – appeal allowed – Tribunal failed to provide sufficient reasons – matter remitted to Tribunal in order to fulfil statutory obligation
Legislation: Superannuation (Resolution of Complaints) Act 1993 (Cth)
Cases cited: Citicorp Life Insurance [2005] FCAFC 102 Comcare v Lees (1997) 151 ALR 647 Dornan v Riordan (1990) 24 FCR 564 HEST Australia Ltd v Sykley (2005) 147 FCR 248 Lykogiannis v Retail Employees Superannuation Pty Limited (2000) 97 FCR 361 McAuliffe v Secretary, Department of Social Security (1991) 13 AAR 462 Minister for Aboriginal Affairs v Peko-Wallsend (1986) 162 CLR 24 National Mutual Life Association of Australia Ltd v Campbell (2000) 99 FCR 562 National Mutual Life Association of Australia Ltd v Jevtovic (1997) 217 ALR 316 Our Town FM Pty Ltd v Australian Broadcasting Tribunal (No 1) (1987) 77 ALR 577 Sadleir v Motor Trades Association of Australia Superannuation Fund Pty Ltd [2010] FCA 930 Vision Super Pty Ltd v Poulter (2006) 154 FCR 185
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