Campbell v Superannuation Complaints Tribunal [2017] FCA 1509

FEDERAL COURT OF AUSTRALIA

Campbell v Superannuation Complaints Tribunal [2017] FCA 1509 File number: QUD 242 of 2017

Judge: LOGAN J

Date of judgment: 12 December 2017

Catchwords: ADMINISTRATIVE LAW – where applicant in receipt of invalidity pension benefit pursuant to Military Superannuation Benefits Scheme – whether respondent was obliged to furnish applicant with information about the annual pension amount of invalidity pension paid under that scheme – whether Tribunal erred in affirming, subject to correction of the reference to the applicable regulation, respondent's decision to furnish that information in a certificate provided to the applicant – Family Law Act 1975 (Cth), Pt VIIIB, Family Law (Superannuation) Regulations 2001, Military Superannuation and Benefits Scheme) Determination 2004 (Cth) FAMILY LAW – where applicant in receipt of invalidity pension benefit pursuant to Military Superannuation Benefits Scheme – whether respondent was obliged to furnish applicant with information about the annual pension amount of invalidity pension paid under that scheme – whether Tribunal erred in affirming, subject to correction of the reference to the applicable regulation, respondent's decision to furnish that information in a certificate provided to the applicant – Family Law Act 1975 (Cth), Pt VIIIB, Family Law (Superannuation) Regulations 2001, Military Superannuation and Benefits Scheme Determination 2004 (Cth)

Legislation: Acts Interpretation Act 1901 (Cth) s 25D Administrative Decisions (Judicial Review) Act 1977 (Cth) s 13 Family Law Act 1975 (Cth) s 90MZB Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 22, 40, 46 Family Law (Superannuation) Regulations 2001 reg 63