Federal Court of Australia
Federal Court of Australia
McMonagle v BT Funds Management Limited [2021] FCA 1453 Review of: McMonagle v BT Funds Management Limited (Australian Financial Complaints Authority, Nos 726765 and 726812, 12 May 2021)
File number: QUD 183 of 2021
Judgment of: LOGAN J
Date of judgment: 15 October 2021
Catchwords: PRACTICE AND PROCEDURE – where parties consensually promote orders allowing an appeal from the Australian Financial Complaints Authority – where parties accept it is at least arguable that the Authority took an overly prescriptive approach in calculating the applicant's pre-disability income – appeal allowed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Corporations Act 2001 (Cth) s 1057
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 7
Date of hearing: 15 October 2021
Counsel for the Applicant: The applicant appeared in person
Counsel for the First and Second Respondents: Mr K Holyoak
Solicitor for the First and Second Respondents: Turks Legal
Counsel for the Third Respondent: The third respondent filed a submitting notice, save as to costs
ORDERS QUD 183 of 2021
BETWEEN: NATHAN MCMONAGLE Applicant
AND: BT FUNDS MANAGEMENT LIMITED First Respondent
AIA AUSTRALIA LIMITED Second Respondent
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