Federal Court of Australia
Federal Court of Australia
AgriWealth Capital Limited v Australian Financial Complaints Authority Limited [2022] FCA 1336 File number: NSD 792 of 2021
Judgment of: MARKOVIC J
Date of judgment: 10 November 2022
Catchwords: ADMINISTRATIVE LAW – where the Australian Financial Complaints Authority Limited (AFCA) determined that the second respondent's complaint was partially within the Australian Financial Complaints Authority Complaint Resolution Scheme Rules (AFCA Rules) – where the applicants contend AFCA did not have jurisdiction to determine the complaint – where AFCA can consider a complaint arising from or in relation to a legal or beneficial interest of the complainant, arising out of a financial investment such as, relevantly, an interest in a managed investment scheme – where the second applicant is a "contractor" of the first applicant for the purposes of the definition of "financial firm" as it applies to rule B.2 of the AFCA Rules – where the complaint relates to or arises from the provision of a "financial service" – where the complaint does not relate to the management of the scheme as a whole – application dismissed
Legislation: Corporations Act 2001 (Cth) ss 601FB, 761A, 912A, 1050
Cases cited: Merkel v Superannuation Complaints Tribunal [2010] FCA 564 Notesco Pty Ltd v Australia Financial Complaints Authority Ltd [2022] NSWSC 285 Vision Super Pty Ltd v Poulter (2006) 154 FCR 185
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 96
Date of hearing: 5 April 2022
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