Federal Court of Australia
Federal Court of Australia
Reeves v Nulis Nominees (Australia) Limited (Trustee) [2022] FCA 627 File number: NSD 222 of 2021
Judgment of: NICHOLAS J
Date of judgment: 1 June 2022
Catchwords: SUPERANNUATION – whether the Australian Financial Complaints Authority ("AFCA") erred in finding that the Trustee of a superannuation fund's decision to distribute a death benefit to a deceased member's parents was fair and reasonable – whether AFCA's decision raised a question of law – whether AFCA's decision was vitiated by an error of law
Legislation: Acts Interpretation Act 1901 (Cth) s 2CA, 2D and 2F Corporations Act 2001 (Cth) ss 761A, 1053(1)(a), 1055, 1055A, 1057(1) Superannuation Industry (Supervision) Act 1993 (Cth) ss 10, 10A Superannuation Industry (Supervision) Regulations 1994 (Cth) reg 1.04AAAA Interpretation Act 1987 (NSW) s 21C Succession Act 2006 (NSW) ss 104, 105, 128
Cases cited: Brown v Repatriation Commission (1985) 7 FCR 302 Haritos v Federal Commissioner of Taxation (2015) 233 FCR 315 Hope v Bathurst City Council (1980) 144 CLR 1 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Repatriation Commission v Owens (1996) 70 ALJR 904 Sharp Corporation of Australia Pty Ltd v Collector of Customs (1995) 59 FCR 6
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