Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Campbell v Superannuation Complaints Tribunal [2016] FCA 808 File number: QUD 178 of 2016
Judge: LOGAN J
Date of judgment: 15 July 2016
Catchwords: ADMINISTRATIVE LAW – where applicant in receipt of invalidity pension benefit pursuant to Military Superannuation Benefits Scheme – whether invalidity pension is a defined benefit interest – whether entitlement to invalidity pension under the Scheme is a superannuation interest – meaning of superannuation interest – whether respondent was obliged to furnish applicant with information which valued the interest as a defined benefit interest – whether Tribunal erred in affirming respondent's decision to treat applicant's complaint as withdrawn – Family Law Act 1975 (Cth), Pt VIIIB, Family Law (Superannuation) Regulations 2001, Military Superannuation Benefits Act 1991 (Cth) FAMILY LAW – where applicant in receipt of invalidity pension benefit pursuant to Military Superannuation Benefits Scheme – whether invalidity pension is a defined benefit interest – whether entitlement to invalidity pension under the Scheme is a superannuation interest – meaning of superannuation interest – whether respondent was obliged to furnish applicant with information which valued the interest as a defined benefit interest – whether Tribunal erred in affirming respondent's decision to treat applicant's complaint as withdrawn – Family Law Act 1975 (Cth) Pt VIIIB, Family Law (Superannuation) Regulations 2001, Military Superannuation Benefits Act 1991 (Cth)
Legislation: Defence Force Retirement and Death Benefits Act 1973 (Cth) Family Law (Superannuation) Regulations 2001 regs 5, 5(1), 5(1)(a), 5(1)(b), 5(1A), 5(2), 11, 12, 64, 64(7), 64A Family Law Act 1975 (Cth) ss 79, 90MB(1)(c) 90MD, 90ME, 90ME(1)(a), 90ME(2),90MZB, 90MZB(2), 90MZB(3) Governance of Australian Government Superannuation Schemes Act 2011 (Cth) s 4 Military Superannuation and Benefits Act 1991 (Cth) s 4 Military Superannuation and Benefits Rules r 28 Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 14AA, 14AA(2), 22(3)(b), 46 Superannuation Industry (Supervision) Act 1993 (Cth)
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