Gray v United Super Pty Limited as Trustee for the Construction and Building Unions Superannuation Fund [2011] FCA 40

FEDERAL COURT OF AUSTRALIA

Gray v United Super Pty Limited as Trustee for the Construction and Building Unions Superannuation Fund [2011] FCA 40 Citation: Gray v United Super Pty Limited as Trustee for the Construction and Building Unions Superannuation Fund [2011] FCA 40

Appeal from: D09-10\048 [2010] SCTA 23

Parties: DIANNE GRAY v UNITED SUPER PTY LIMITED AS TRUSTEE FOR THE CONSTRUCTION AND BUILDING UNIONS SUPERANNUATION FUND and CARISSA ANNE PAGETT

File number: NSD 599 of 2010

Judge: STONE J

Date of judgment: 3 February 2011

Catchwords: ADMINISTRATIVE LAW – appeal from Superannuation Complaints Tribunal – whether former de facto wife of deceased entitled to superannuation death benefit – whether former de facto wife a "spouse" within the meaning of that term in the superannuation trust deed – Tribunal found that even if she was a spouse it would not be fair and reasonable for a proportion of the death benefit to be paid to her – Tribunal found that entirety of death benefit should be paid to daughter of deceased ADMINISTRATIVE LAW – appeal from Superannuation Complaints Tribunal – questions of law – whether questions posed by applicant are questions of law ADMINISTRATIVE LAW – appeal from Superannuation Complaints Tribunal – exercise of discretion by Tribunal – whether open to the Tribunal to find that it would not be fair and reasonable for a proportion of the death benefit to be paid to applicant – application dismissed

Legislation: Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 37(1)(a), 37(4), (5) and 46