Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Carrette v Superannuation Complaints Tribunal [2017] FCA 640 File number: NSD 1854 of 2016
Judge: ALLSOP CJ
Date of judgment: 29 May 2017
Catchwords: SUPERANNUATION – where trustee had rejected complainant's claim for a total and permanent disablement benefit – review of decision of the Superannuation Complaints Tribunal affirming decision of the trustee – where Tribunal erred by failure to engage with critical parts of medical evidence before it – orders made remitting matter to be determined by the Tribunal in accordance with reasons
Legislation: Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 37, 46
Cases cited: Board of Trustees of the State Public Sector Superannuation Scheme v Edington [2011] FCAFC 8; 119 ALD 472 Friar v Brown [2015] FCA 135 Mercer Superannuation (Australia) Ltd v Billingshurst [2016] FCA 1274 New South Wales v Seedsman [2000] NSWCA 119; 217 ALR 583
Date of hearing: 29 May 2017
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance Insurance List
Category: Catchwords
Number of paragraphs: 42
Counsel for the Applicant: Mr KC Fleming QC with Mr A Quinn
Solicitor for the Applicant: Somerville Laundry Lomax Solicitors
Counsel for the Second Respondent: Mr MT Hickey with Ms S Forder
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