Rushton v Commonwealth Superannuation Corporation [2020] FCA 777

FEDERAL COURT OF AUSTRALIA

Rushton v Commonwealth Superannuation Corporation [2020] FCA 777 File number: ACD 1 of 2020

Judge: GRIFFITHS J

Date of judgment: 9 June 2020

Catchwords: PRACTICE AND PROCEDURE – appeal from a decision of the Australian Financial Complaints Authority in relation to the applicant's eligibility for a spouse pension – objection to competency by the first respondent – interlocutory application by the first respondent seeking summary dismissal, a permanent stay or strike out of the originating application – notice of appeal struck out – applicant given an opportunity to file an amended notice of appeal

Legislation: Acts Interpretation Act 1901 (Cth), s 2CA Administrative Decisions (Judicial Review) Act 1977 (Cth) Corporations Act 2001 (Cth), ss 1055(2), 1057(1) Federal Court of Australia Act 1976 (Cth), ss 23, 31A Judiciary Act 1903 (Cth), ss 33, 39B(1A)(c) Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth) Superannuation Amendment (PSS Trust Deed) Instrument 2018 Federal Court Rules 2011 (Cth), rr 1.32, 16.21, 26.01, 33.12, 33.34

Cases cited: Buurabalayji Thalanyji Aboriginal Corporation v Onslow Salt Pty Ltd (No 2) [2018] C v Commonwealth of Australia [2015] FCAFC 113; 234 FCR 81 Chen v Secretary, Department of Social Services (No 2) [2020] FCA 384 Coshott v Kam Tou Mak Haritos v Federal Commissioner of Taxation [2015] FCAFC 92; 233 FCR 315 John Holland Pty Ltd v Maritime Union [2009] FCA 437 Matheson Engineers Pty Ltd v El Raghy (1992) 37 FCR Mulhern v Bank of Queensland [2015] FCA 44 Quirk v Construction, Forestry, Mining and Energy Union [2017] FCA 1576 Spencer v Commonwealth of Australia [2010] HCA 28