Ievers v Superannuation Complaints Tribunal [2016] FCA 936

FEDERAL COURT OF AUSTRALIA

Ievers v Superannuation Complaints Tribunal [2016] FCA 936 File number: WAD 264 of 2015

Judge: MCKERRACHER J

Date of judgment: 11 August 2016

Catchwords: SUPERANNUATION – whether it is beyond the power of the Superannuation Complaints Tribunal to review a decision of the trustee not to accept that a person is a dependant on the proper construction of s 14(1) and s 37(5) of the Superannuation (Resolution of Complaints) Act 1993 (Cth) – whether a finding that a person is a 'dependant' is a jurisdictional fact and precondition to the exercise of the power of the Superannuation Complaints Tribunal pursuant to s 15(1) of the Superannuation (Resolution of Complaints) Act 1993 (Cth) and trust deed – meaning of 'dependant' and relevant considerations in determining whether a person is a 'dependant' under the Superannuation (Resolution of Complaints) Act 1993 (Cth) and trust deed – approach of the Superannuation Complaints Tribunal to the determination of whether the trustee's decision was unfair or unreasonable – whether the Superannuation Complaints Tribunal erred in law in concluding that the deceased member was in a de facto spousal relationship at the relevant time – whether a substituted decision on the allocation of the benefit was beyond the power of the Superannuation Complaints Tribunal – whether the Tribunal afforded procedural fairness on review of the trustee's decision

Legislation: Superannuation Industry (Supervision) Act 1993 (Cth) ss 10, 10A Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 14, 37, 37(3), 37(4), 37(5), 37(6), 46(1) Superannuation Industry (Supervision) Regulations 1994 (Cth) reg 1.04AAAA