Southwell v Equity Trustees Limited [2015] FCA 536

FEDERAL COURT OF AUSTRALIA

Southwell v Equity Trustees Limited [2015] FCA 536 Citation: Southwell v Equity Trustees Limited [2015] FCA 536

Appeal from: D13-14\100 [2013] SCTA 178

Parties: RAYMOND JOHN SOUTHWELL v EQUITY TRUSTEES LIMITED JANETTE ANNE SOUTHWELL v EQUITY TRUSTEES LIMITED

File numbers: NSD 228 of 2014 NSD 418 of 2014

Judge: FARRELL J

Date of judgment: 29 May 2015

Catchwords: SUPERANNUATION – appeal from determination of Superannuation Complaints Tribunal under s 46 of Superannuation (Resolution of Complaints) Act 1993 (Cth) ("Complaints Act") – superannuation fund offered two investment options to fund members – fund members gave written instructions to switch investment options – whether fund member gave oral instruction to fund administrator to remain in option – whether fund member gave husband authority to act on her behalf – whether decision of superannuation trustee fair and reasonable – power of Tribunal to set aside and substitute decision for trustee's decision under s 37(3)(d) of the Complaints Act – whether Tribunal denied procedural fairness by not allowing an oral hearing under s 34 of the Complaints Act – whether procedural fairness required the Tribunal to put applicant on notice of impact of delay in complaining to trustee on its substituted decision under s 37(3)(d) of the Complaints Act – whether Tribunal failed to take into account relevant considerations with respect to reasons for delay – whether Tribunal made findings of fact necessary to support decision – whether Tribunal failed to address issue raised – whether Tribunal erred in not finding trustee's decision vitiated by failure to comply with own published standards