Mercer Superannuation (Australia) Limited v Billinghurst [2016] FCA 1274

FEDERAL COURT OF AUSTRALIA

Mercer Superannuation (Australia) Limited v Billinghurst [2016] FCA 1274 File number: VID 122 of 2016

Judge: MOSHINSKY J

Date of judgment: 28 October 2016

Catchwords: SUPERANNUATION – appeal from Superannuation Complaints Tribunal under s 46 of Superannuation (Resolution of Complaints) Act 1993 (Cth) – where Tribunal set aside decision of trustee and remitted the matter to the trustee for reconsideration – where Tribunal found that trustee had regard to preferences of employer as to basis for valuing pensions to be commuted to lump sums – where Tribunal found that trustee adopted valuation of Plan Actuary who had advised the employer on options for terminating plan and bases for valuing the pensions to be commuted to lump sums – whether Tribunal erred in approaching its task primarily as a form of judicial review of the trustee's decision

Legislation: Superannuation (Resolution of Complaints) Act 1993 (Cth), ss 6, 14, 37, 46 Superannuation Industry (Supervision) Act 1993 (Cth), s 52 Superannuation Legislation Amendment (Trustee Obligations and Prudential Standards) Act 2012 (Cth)

Cases cited: Alcoa of Australia Retirement Plan Pty Ltd v Frost (2012) 36 VR 618 Attorney-General for the Commonwealth v Breckler (1999) 197 CLR 83 Australian Securities and Investments Commission v Australian Property Custodian Holdings Limited (Receivers and Managers appointed) (in liq) (Controllers appointed) (No 3) [2013] FCA 1342 Board of Trustees of the State Public Sector Superannuation Scheme v Edington (2011) 119 ALD 472; [2011] FCAFC 8 Briffa v Hay (1997) 75 FCR 428 Cameron v Board of Trustees of the State Public Sector Superannuation Scheme (2003) 130 FCR 122 Citicorp Life Insurance Ltd v Smith [2005] FCAFC 102 Collins v AMP Superannuation Ltd (1997) 75 FCR 565 Colonial Mutual Life Assurance Society Limited v Brayley [2002] FCA 1333 Commonwealth Bank Officers Superannuation Corporation Pty Ltd v Beck (2016) 334 ALR 692 Cowan v Scargill [1985] Ch 270 Finch v Telstra Super Pty Ltd (2010) 242 CLR 254 Karger v Paul [1984] VR 161 Lykogiannis v Retail Employees Superannuation Pty Ltd (2000) 97 FCR 361 Manglicmot v Commonwealth Bank Officers Superannuation Corporation Pty Ltd (2011) 282 ALR 167 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 National Mutual Life Association of Australia v Jevtovic (1997) 217 ALR 316 National Mutual Life Association of Australasia Limited v Scollary [2002] FCA 695 Retail Employees Superannuation Pty Ltd v Crocker (2001) 48 ATR 359; [2001] FCA 1330 Sherrah v Commonwealth Superannuation Corporation (2015) 147 ALD 665 Vision Super Pty Ltd v Poulter (2006) 154 FCR 185