Brewer v AAL Aviation Limited [2016] FCA 93

FEDERAL COURT OF AUSTRALIA

Brewer v AAL Aviation Limited [2016] FCA 93 File number(s): ACD 87 of 2012 ACD 119 of 2013 ACD 17 of 2015

Judge(s): BUCHANAN J

Date of judgment: 17 February 2016

Catchwords: SUPERANNUATION – Commonwealth statutory arrangements for superannuation – applicants found to be temporary employees entitled to take up Commonwealth superannuation – applicants claimed to have been wrongfully denied entry to Commonwealth Superannuation scheme(s) – applicants' claims not established on the facts NEGLIGENCE – claims for negligent misrepresentation and negligence generally arising from representations about operation of superannuation schemes – claims not made out LIMITATION OF ACTIONS – consideration of when claimed loss may have arisen – The Commonwealth of Australia v Cornwell (2007) 229 CLR 519 applied – Innes v Commonwealth [2015] ACTCA 33 distinguished on its facts

Legislation: Australian Airlines (Conversion to Public Company) Act 1988 (Cth) Australian National Airlines Act 1945-1973 (Cth), ss 6, 17, 18, 31A, 42, 43, 63 Competition and Consumer Act 2010 (Cth), Sch 2—Australian Consumer Law, s 18 Superannuation Act 1922 (Cth) Superannuation Act 1922-1973 (Cth), s 4 Superannuation Act 1976 (Cth), ss 3, 11, 12, 13, 16, 80, 137 Superannuation (Former Eligible Employees) Regulations (Amendment) (Cth), SR 1995 No. 236, reg 15B Superannuation (Former Eligible Employees) Regulations (Amendment) (Cth), SR 1993 No. 262, reg 15, Sch 11 Superannuation (Eligible Employees) Regulations (Amendment) (Cth), SR 1980 No. 181 Trade Practices Act 1974 (Cth), s 52 Limitation Act 1935 (WA) Limitation Act 2005 (WA), s 38 Limitation Act 1969 (NSW), s 55 Limitation of Actions Act 1958 (Vic), s 27