Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AIA Australia Ltd v Lancaster [2017] FCA 962 File number: NSD 122 of 2017
Judge: ALLSOP CJ
Date of judgment: 18 August 2017
Catchwords: SUPERANNUATION – appeal against determination by Superannuation Complaints Tribunal – entitlement of fund member to income protection benefit under insurance policy held by fund – calculation of benefit payable by reference to income – income had increased at date of disablement but neither trustee or insurer notified at that date – insurer calculated benefit based on income advised to it – Tribunal ordered benefit be calculated based on increased salary – whether Tribunal determination inconsistent with terms of insurance policy
Legislation: Insurance Contracts Act 1984 (Cth), ss 37, 53, 57 Superannuation (Resolution of Complaints) Act 1993 (Cth), ss 14, 37, 46 Insurance Contracts Regulations 1985 (Cth), r 32
Cases cited: Alcoa of Australia Retirement Plan Pty Ltd v Thompson [2002] FCA 256; 116 FCR 139 Board of Trustees of the State Public Sector Superannuation Scheme v Edington [2011] FCAFC 8; 119 ALD 472 Cameron v Board of Trustees of the State Public Sector Superannuation Scheme [2003] FCAFC 214; 130 FCR 122 Dumitrov v SC Johnson & Son Superannuation Pty Ltd [2006] NSWSC 1372 Dumitrov v SC Johnson & Son Superannuation Pty Ltd (No 2) [2007] NSWSC 42 Federation Insurance Ltd v Banks [1984] VR 525 Hornsby v Military Superannuation & Benefits Board of Trustees (No 1) [2003] FCA 54; 126 FCR 484 Mercer Superannuation (Australia) Ltd v Billinghurst [2016] FCA 1274 Nguyen v QBE Insurance Ltd [2007] SASC 454; 215 FLR 447 Noel v Cook [2004] FCA 479 Retail Employees Superannuation Pty Ltd v Crocker [2001] FCA 1330; 48 ATR 359
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