Federal Court of Australia
Federal Court of Australia
Edser v QSuper Board [2021] FCA 1437 File number: NSD 400 of 2021
Judgment of: PERRAM J
Date of judgment: 18 November 2021
Catchwords: ADMINISTRATIVE LAW – appeal from Australian Financial Complaints Authority determination – whether question of law – whether Authority erred by misconstruing phrase 'not related to' under relevant insurance terms
Legislation: Constitution s 51(xiv) Acts Interpretation Act 1901 (Cth) s 25D Corporations Act 2001 (Cth) ss 1053, 1055, 1057 Insurance Contracts Act 1984 (Cth) ss 8, 9(2), 47 Superannuation (State Public Sector) Act 1990 (Qld)
Cases cited: Edington v Board of Trustees of the State Public Sector Superannuation Scheme [2016] QCA 247 Joye v Beach Petroleum NL (1996) 67 FCR 275 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Preston v AIA Australia Ltd [2014] NSWCA 165
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 82
Date of hearing: 22 October 2021
Counsel for the Applicant: Mr D Kelsey-Sugg
Solicitor for the Applicant: Harmers Workplace Lawyers
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