Federal Court of Australia
Federal Court of Australia
Rushton v Commonwealth Superannuation Corporation (No 3) [2021] FCA 358 File number(s): ACD 1 of 2020
Judgment of: RARES J
Date of judgment: 16 April 2021
Catchwords: SUPERANNUATION – financial services – superannuation complaints – Australian Financial Complaints Authority (AFCA) given powers to determine superannuation complaints under s 1055 Corporations Act 2001 (Cth) – where AFCA required to decide whether superannuation trustee's decision operated unreasonably or unfairly – where applicant married to, but had separated from, member (now deceased) of the Public Sector Superannuation Scheme – where applicant sought to qualify for a reversionary pension under scheme rules – where applicant and deceased had children – where applicant lived in separate premises from, but provided daily care to, deceased and children during final stages of her illness – whether applicant and deceased were living together as husband and wife – where applicant granted carer's pension to enable him to care for deceased – whether applicant wholly or partly dependent on deceased at the time of her death – where trustee determined applicant did not qualify for reversionary pension – where AFCA affirmed the decision of trustee – whether AFCA made jurisdictional or other error in affirming decision of trustee – held: AFCA did not make any error in determining complaint.
Legislation: Acts Interpretation Act 1901 (Cth) s 2CA Corporations Act 2001 (Cth) ss 761, 1053, 1055, 1055A, 1056A, 1057 Superannuation Act 1990 (Cth) s 4
Cases cited: Ball v Newey (1988) 13 NSWLR 489 Cole v Minister for Immigration and Border Protection (2018) 261 FCR 537 Commissioner for Superannuation v Scott (1987) 13 FCR 404 Fitzpatrick v Sterling Housing Association Ltd [2001] 1 AC 27 Gubay v Kingston (Inspector of Taxes) [1984] 1 WLR 163 Huynh v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 152 FCR 576 Main v Main (1949) 78 CLR 636 Mercer Superannuation (Australia) Ltd v Billinghurst (2017) 255 FCR 144 Minister for Immigration and Multicultural Affairs v Graovac [1999] FCA 1690 QSuper Board v Australian Financial Complaints Authority (2020) 276 FCR 97 Rex v Creamer [1919] 1 KB 564 Roy v Sturgeon (1986) 11 NSWLR 454 Telstra Corporation Ltd v Australian Competition and Consumer Commission (2008) 176 FCR 153 Toohey v Hollier (1995) 92 CLR 618
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