Ludowyk v Superannuation Complaints Tribunal [2013] FCA 692

FEDERAL COURT OF AUSTRALIA

Ludowyk v Superannuation Complaints Tribunal [2013] FCA 692 Citation: Ludowyk v Superannuation Complaints Tribunal [2013] FCA 692

Parties: PATRICIA ANNE LUDOWYK v SUPERANNUATION COMPLAINTS TRIBUNAL

File number: ACD 70 of 2012

Judge: FOSTER J

Date of judgment: 16 July 2013

Catchwords: ADMINISTRATIVE LAW – whether the Superannuation Complaints Tribunal (the Tribunal) committed errors of law when it decided to treat the subject matter of a second complaint as having been adequately dealt with by its determination of an earlier complaint and thus decided to treat the second complaint as withdrawn pursuant to s 22(3)(d) of the Superannuation (Resolution of Complaints) Act 1993 (Cth) (the Complaints Act) – whether, in arriving at its decision to treat the second complaint as withdrawn, the Tribunal applied the wrong test for determining both complaints – whether, having regard to the true interpretation of s 14(2) and s 37(3), (4), (5) and (6) of the Complaints Act, the Tribunal is to conduct its review as if it were tantamount to a hearing de novo or whether it is required first of all to evaluate the decision under complaint in order to ascertain whether or not it was unfair, unreasonable or both before deciding whether it is obliged to affirm the decision under complaint or whether it should set aside, vary or remit that decision

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5, 10(2)(b)(iii), 11(1), 11(3) Judiciary Act 1903 (Cth), s 39B Superannuation Act 1976 (Cth), ss 80, 137, 153AM, 153AP, 157 Superannuation Act 1990 (Cth) Superannuation (Resolution of Complaints) Act 1993 (Cth), ss 11, 12, 14(2), 21, 22, 37, 39, 40, 45, 46 Federal Court Rules 2011, rr 8.01, 8.03, 8.24(b), 31.01, 33.12(1), 33.34, 33.40