Nottingham v Australian Financial Complaints Authority [2023] FCA 58

Federal Court of Australia

Nottingham v Australian Financial Complaints Authority [2023] FCA 58 Appeal from: Decision of the Australian Financial Complaints Authority dated 22 April 2022

File number(s): NSD 371 of 2022

Judgment of: BURLEY J

Date of judgment: 8 February 2023

Catchwords: ADMINISTRATIVE LAW – appeal from decision of the Australian Financial Complaints Authority – where superannuation member's election to maintain insurance cover not received by trustee of superannuation fund – whether Authority erred in law in determining that the trustee had not received the election form – whether the Authority erred in law by failing to take into account a relevant consideration of whether the system adopted by the trustee to comply with Superannuation Industry (Supervision) Act 1993 (Cth) s 68AAA was adequate – appeal dismissed

Legislation: Corporations Act 2001 (Cth) ss 761A, 1053, 1055, 1055A, 1057, Pt 7.10A Superannuation Industry (Supervision) Act 1993 (Cth) s 68AAA Treasury Laws Amendment (Protecting Your Superannuation) Act 2019 (Cth) Sch 2 Pt 2 item 3 Australian Financial Complaints Authority – Complaint Resolution Scheme Rules

Cases cited: BHL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 94; 277 FCR 420 Corporation of the City of Enfield v Development Assessment Commission [2000] HCA 5; 199 CLR 135 Haritos v Federal Commissioner of Taxation [2015] FCAFC 92; 233 FCR 315 QSuper Board v Australian Financial Complaints Authority Ltd [2020] FCAFC 55; 276 FCR 97 Reeves v Nulis Nominees (Australia) Limited (Trustee) [2022] FCA 627 Sharp Corporation of Australia Pty Ltd v Collector of Customs [1995] FCA 707; 59 FCR 6 Tarrant v Australian Securities and Investment Commission [2015] FCAFC 8; 317 ALR 328