Carmody v Superannuation Complaints Tribunal [2020] FCA 291

FEDERAL COURT OF AUSTRALIA

Carmody v Superannuation Complaints Tribunal [2020] FCA 291 File number: QUD 481 of 2018

Judge: COLLIER J

Date of judgment: 11 March 2020

Catchwords: SUPERANNUATION – appeal from determination of Superannuation Complaints Tribunal – whether decision of Commonwealth Superannuation Corporation to comply with Child Support Agency notices was fair and reasonable – benefits payable under the Military Superannuation and Benefits Act 1991 (Cth) – benefits payable under Veterans' Entitlements Act 1986 (Cth) - meaning of employer in s 45 of the Child Support (Registration and Collection) Act 1988 (Cth) - whether the Commonwealth Superannuation Corporation was an employer for the purposes of s 45 – meaning of "work and income support related withholding payments" in s 45 of the Child Support (Registration and Collection) Act 1988 (Cth) – meaning of a person who "holds, or may subsequently hold" in s 72A of the Child Support (Registration and Collection) Act 1988 (Cth) - whether the Commonwealth Superannuation Corporation was a person who "holds, or may subsequently hold" money on behalf of the applicant for the purposes of s 72A – whether compliance by the Trustee with a ss 45 or 72A notice altered the invalidity benefits of the applicant contrary to regulation 13.16 of the Superannuation Industry (Supervision) Regulations 1994 (Cth) – regulation 13.12 of the Superannuation Industry (Supervision) Regulations 1994 (Cth) - whether compliance by the Trustee with the ss 45 or 72A notices created an assignment of the invalidity benefits of the applicant – regulation 13.13 of the Superannuation Industry (Supervision) Regulations 1994 (Cth) - whether compliance by the Trustee with the ss 45 or 72A notices recognised, encouraged or sanctioned a charge over the invalidity benefits of the applicant – the proper machinery by which to object to decisions under the Child Support (Assessment) Act 1989 (Cth) – appeal dismissed