Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Burtaleea v AustralianSuper Pty Ltd [2016] FCA 521 File number: NSD 375 of 2015
Judge: BUCHANAN J
Date of judgment: 13 May 2016
Catchwords: SUPERANNUATION – whether "determination" made by the Superannuation Complaints Tribunal in treating a complaint as withdrawn – whether applicant could appeal to Federal Court of Australia – Tribunal's decision that complaint be treated as withdrawn not a "determination" under s 46 of the Superannuation (Resolution of Complaints) Act 1993 (Cth) – no right of appeal – appeal dismissed
Legislation: Insurance Contracts Act 1984 (Cth), ss 58, 58(1), 59 Superannuation (Resolution of Complaints) Act 1993 (Cth), ss 14, 21, 22, 22(1), 22(3), 22(3)(b), 22A, 22A(2), 27, 32, 37, 37(5), 46, 46(1)
Cases cited: Kowalski v Superannuation Complaints Tribunal [2010] FCA 473 Ludowyk v Superannuation Complaints Tribunal [2013] FCA 692 Merkel v Superannuation Complaints Tribunal [2010] FCA 564 Ray v Superannuation Complaints Tribunal (2004) 138 FCR 548
Date of hearing: 21 April 2016
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 62
Counsel for the Applicant: Mr M R Lawson (Pro Bono)
Solicitor for the Applicant: Remington & Co Solicitors (Pro Bono)
Counsel for the First Respondent: Mr S Robertson
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