Williams v IS Industry Fund Pty Ltd [2016] FCA 524

FEDERAL COURT OF AUSTRALIA

Williams v IS Industry Fund Pty Ltd [2016] FCA 524 Appeal from: D14-15\188 [2015] SCTA 44

File number: QUD 189 of 2015

Judge: REEVES J

Date of judgment: 13 May 2016

Catchwords: SUPERANNUATION – appeal from the Superannuation Complaints Tribunal under s 46 of the Superannuation (Resolution of Complaints) Act 1993 (Cth) limited to a question of law – consideration of definition of "interdependency relationship" in s 10A of the Superannuation Industry (Supervision) Act 1993 (Cth) and r 1.04AAAA of the Superannuation Industry (Supervision) Regulations 1994 (Cth) – whether the Tribunal was required to determine if the applicant and the deceased had an interdependency relationship immediately before the death of the deceased – whether the Tribunal was required to determine if the applicant and the deceased were living together immediately before the death of the deceased – whether if the Tribunal determined it was required to consider that was because the deceased suffered from a physical disability

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Superannuation (Resolution of Complaints) Act 1993 (Cth) Superannuation Industry (Supervision) Act 1993 (Cth) Superannuation Industry (Supervision) Regulations 1994 (Cth)

Cases cited: Board of Trustees of the State Public Sector Superannuation Scheme v Edington (2011) 119 ALD 472; [2011] FCAFC 8 Esposito v Commonwealth of Australia (2015) 235 FCR 1; [2015] FCAFC 160 Friar v Brown [2015] FCA 135 Haritos v Commissioner of Taxation (2015) 233 FCR 315; [2015] FCAFC 92 Minister for Immigration and Border Protection v SZUSU [2016] FCAFC 50 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 SZTAP v Minister for Immigration and Border Protection [2015] FCAFC 175