Federal Court of Australia
Federal Court of Australia
Rauchle v Q-Super Board [2022] FCA 1537 File number: QUD 391 of 2021
Judgment of: THOMAS J
Date of judgment: 19 December 2022
Catchwords: AUSTRALIAN FINANCIAL COMPLAINTS AUTHORITY – appeal from the Australian Financial Complaints Authority (AFCA) to the Federal Court – whether AFCA can review the trustee's decision-making process – whether the trustee's decision, rather than the process, is "fair and reasonable in all the circumstances" – the circumstances include the facts determined and the decision which would have been reached by AFCA QUESTIONS OF LAW – notice of objection to competency – appeal under s 1057 of the Corporations Act 2001 (Cth) only on a question of law – substance of questions of appeal over form – whether notice of appeal identified and described questions of law – questions of law identified
Legislation: Corporations Act 2001 (Cth)
Cases cited: Barghouthi v ING Custodians Pty Ltd [2003] FCA 1272 Birdseye v Australian Securities and Investments Commission (2003) 38 AAR 55; [2003] FCAFC 232 Board of Trustees of the State Public Sector Superannuation Scheme v Edington (2011) 119 ALD 472; [2011] FCAFC 8 Cummins v Petterd [2021] FCA 646 Edwards v Postsuper Pty Ltd [2007] FCAFC 83 Federal Commissioner of Taxation v Raptis (1989) 20 ATR 1262 Friar v Brown (2015) 12 ASTLR 573; [2015] FCA 135 Haritos v Federal Commissioner of Taxation (2015) 233 FCR 315; [2015] FCAFC 92 HGMZ v Secretary, Department of Social Services [2021] FCA 280 Hope v The Council of the City of Bathurst (1980) 144 CLR 1 Marks v CSS Board of Trustees [2005] FCA 797 Minister for Immigration and Ethnic Affairs v Gungor (1982) 42 ALR 209 MYVC v Director General of Security (2014) 234 FCR 134; [2014] FCA 1447 Osland v Secretary, Department of Justice (No 2) (2010) 241 CLR 320; [2010] HCA 24 QSuper Board v Australian Financial Complaints Authority (2020) 276 FCR 97; [2020] FCAFC 55 Salah (formerly HGMZ) v Secretary, Department of Social Services [2022] FCAFC 186 Vetter v Lake Macquarie City Council (2001) 202 CLR 439; [2001] HCA 12 Wan v BT Funds Management Limited [2022] FCA 302
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