Riseley v Suncorp Portfolio Services Limited [2021] FCA 472

Federal Court of Australia

Riseley v Suncorp Portfolio Services Limited [2021] FCA 472 File number: WAD 155 of 2020

Judgment of: COLVIN J

Date of judgment: 7 May 2021

Catchwords: ADMINISTRATIVE LAW - applications for judicial review of decisions of Superannuation Complaints Tribunal - whether Tribunal failed to identify decision about which complaint was made - whether Tribunal misunderstood nature of its task - whether onus placed on applicants to establish complaint - whether Tribunal erred in findings that there was no evidence - applications dismissed SUPERANNUATION - where Tribunal exercised power to treat complaints as withdrawn on basis that complaints lacking in substance pursuant to s 22(3)(b) of Superannuation (Resolution of Complaints) Act 1993 (Cth) - where applicants made complaints regarding management of superannuation account and that they were not issued with total and permanent disability cover - where insurance arrangements recommended to applicants by advisor - where advisor not a representative of trustee of superannuation fund or insurer

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 44 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 477 Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 12, 14, 16, 22, 37

Cases cited: Board of Trustees of the State Public Sector Superannuation Scheme v Edington [2011] FCAFC 8 CZA19 v Federal Circuit Court of Australia [2021] FCAFC 57 McAtamney v Superannuation Complaints Tribunal [2016] FCA 1062