Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Edwards v Commonwealth Superannuation Corporation [2017] FCA 375 Appeal from: Superannuation Complaints Tribunal, Determination Number D15-16\127
File numbers: VID 628 of 2016 VID 629 of 2016
Judge: MORTIMER J
Date of judgment: 12 April 2017
Catchwords: SUPERANNUATION – appeal of Superannuation Complaints Tribunal determination under s 46 of the Superannuation (Resolution of Complaints) Act 1993 (Cth) – applicant not a party to the Tribunal determination – lack of standing – application dismissed ADMINISTRATIVE LAW – application for judicial review of Superannuation Complaints Tribunal determination under Administrative Decisions (Judicial Review) Act 1977 (Cth) – standing – definition of "a person aggrieved" – judicial review limited to appeal of decision from Tribunal SUPERANNUATION – construction of s 114 of the Superannuation Act 1976 (Cth) – whether s 114 permitted payment of benefit directly to "eligible child" – legislature contemplated a payment might be made directly to a child PRACTICE AND PROCEDURE – application under rr 9.23 and 9.25 of the Federal Court Rules 2011 (Cth) – purpose of rr 9.23 and 9.25 – application dismissed
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