Cradock v United Super Pty Ltd as Trustee of the Construction and Building Unions Superannuation Fund [2021] FCA 305

Federal Court of Australia

Cradock v United Super Pty Ltd as Trustee of the Construction and Building Unions Superannuation Fund [2021] FCA 305 File number: SAD 12 of 2021

Judgment of: CHARLESWORTH J

Date of judgment: 24 March 2021

Date of publication of reasons: 30 March 2021

Catchwords: PRACTICE AND PROCEDURE – Application for an extension of time to commence an appeal from a decision of the Australian Financial Complaints Authority (AFCA) – AFCA affirming a decision of a superannuation trustee in relation to the distribution of death benefits – s 1055B and s 1057A of the Corporations Act 2001 (Cth) providing that AFCA's decision comes into immediate effect unless AFCA provides otherwise or unless the Federal Court of Australia stays the decision appealed from – no application for a stay of AFCA's decision – decision appealed from implemented by trustee before the time to commence an appeal expired – recipient of benefit of the trustee's decision receiving payment and expending funds – recipient asserting prejudice in the nature of a risk that the law might operate to require that she disgorge the payment – unsatisfactory explanation for delay in commencing appeal – public interest in proper construction of the provisions of the Corporations Act 2001 (Cth) conferring powers of remittal – consideration of whether there could or should be remittal for reconsideration of a decision that has been implemented – extension of time granted on limited grounds

Legislation: Corporations Act 2001 (Cth) ss 1055B, 1057, 1057A

Cases cited: Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 MZABP v Minister for Immigration and Border Protection (2015) 242 FCR 585 MZABP v Minister for Immigration and Border Protection (2016) 152 ALD 478