Miljevic v Holden Employee Superannuation Fund Pty Ltd [2016] FCA 718

FEDERAL COURT OF AUSTRALIA

Miljevic v Holden Employee Superannuation Fund Pty Ltd [2016] FCA 718 Appeal from: D15-16\033 (22 September 2015)

File number: SAD 380 of 2015

Judge: BESANKO J

Date of judgment: 17 June 2016

Catchwords: SUPERANNUATION – appeal from Superannuation Complaints Tribunal under s 46 of Superannuation (Resolution of Complaints) Act 1993 (Cth) – where Tribunal affirmed a decision of the trustee to reject applicant's claim for a total and permanent disability benefit – whether Tribunal erred in not making further inquiries to resolve inconsistencies in expert evidence – consideration of duty of a trustee of a superannuation fund when considering an application for a benefit – where medical evidence inconsistent – where applicant unable to identify particular matter or particular inquiry which might lead to resolution of conflict in medical evidence Held: Appeal dismissed.

Legislation: Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 14, 32, 37, 46,

Cases cited: Alcoa of Australia Retirement Plan Pty Ltd v Frost [2012] VSCA 238; (2012) 36 VR 618 Finch v Telstra Super Pty Ltd [2010] HCA 36; (2010) 242 CLR 254

Date of hearing: 2 March 2016

Registry: South Australia

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 38

Counsel for the Applicant: Mr S Churches

Solicitor for the Applicant: ND Edwards & Co

Counsel for the Respondent: The Respondent entered a submitting notice, save as to costs

ORDERS SAD 380 of 2015