Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hannover Life Re of Australasia Ltd v Wright [2014] FCA 1163 Citation: Hannover Life Re of Australasia Ltd v Wright [2014] FCA 1163
Appeal from: Superannuation Complaints Tribunal: Determination Number D13–14\057
Parties: HANNOVER LIFE RE OF AUSTRALASIA LTD (ABN 37 062 395 484) v PAULA IRENE WRIGHT and UNISUPER LIMITED (ABN 54 006 027 121)
File number: NSD 2199 of 2013
Judge: FOSTER J
Date of judgment: 31 October 2014
Catchwords: SUPERANNUATION – whether, in the particular circumstances of the present case, the Superannuation Complaints Tribunal had the power to redraft an exclusion clause imposed as a term and condition of additional optional death and disablement cover offered by the trustee of a superannuation fund under insurance arrangements put in place by that trustee with a reinsurer in circumstances where the reinsurer insisted upon the inclusion of that particular exclusion clause relying upon the terms and conditions of the policy entered into between it and the trustee
Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 44(1) Superannuation (Resolution of Complaints) Act 1993 (Cth), ss 12, 14, 15J, 37, 45, 46
Cases cited: Attorney-General v Breckler (1999) 197 CLR 83 Birdseye v Australian Securities and Investments Commission (2003) 38 AAR 55 Colonial Mutual Life Assurance Society Limited v Brayley [2002] FCA 1333 Employers First v Tolhurst Capital Ltd (2005) 143 FCR 356 Federal Commissioner of Taxation v Crown Insurance Services Ltd (2012) 207 FCR 247 Repatriation Commission v Bawden (2012) 206 FCR 296 Retail Employees Superannuation Pty Ltd v Crocker (2001) 48 ATR 359 Soames v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs (2013) 59 AAR 500
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