Hannover Life Re of Australasia Ltd v Minister for Families and Communities (No 3) [2023] FCA 207

Federal Court of Australia

Hannover Life Re of Australasia Ltd v Minister for Families and Communities (No 3) [2023] FCA 207 File number: NSD 893 of 2022

Judgment of: ALLSOP CJ

Date of judgment: 10 March 2023

Catchwords: INSURANCE – where life insurer has paid money into court pursuant to s 215 of the Life Insurance Act 1995 (Cth) – disposition of the funds – where there may be competing claims to entitlement to the sum paid into Court

Legislation: Life Insurance Act 1995 (Cth) Federal Court Rules 2011 (Cth)

Cases cited: Hannover Life Re of Australasia Ltd v Minister for Families and Communities [2023] FCA 80 Hannover Life Re of Australasia Ltd v Minister for Families and Communities (No 2) [2023] FCA 106

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Commercial Contracts, Banking, Finance and Insurance

Number of paragraphs: 9

Date of hearing: 10 March 2023

Counsel for the applicant: The applicant did not appear

Counsel for the respondent: Simon Chapple

Solicitor for the respondent: NSW Crown Solicitor

Amicus curiae Matt Karam

ORDERS NSD 893 of 2022

BETWEEN: HANNOVER LIFE RE OF AUSTRALASIA LTD (ABN 37 062 395 484) Applicant

AND: THE MINISTER FOR FAMILIES AND COMMUNITIES Respondent

order made by: ALLSOP CJ DATE OF ORDER: 10 MARCH 2023

THE COURT ORDERS THAT:

1. In support of order 1 of the orders of the Court made on 10 February 2023 access not be granted to the affidavit of Ben Beeby dated 6 October 2022 (Beeby affidavit) on the Court file without full redaction of the names of the persons referred to in paragraphs 6, 7, 8 and 9 of that affidavit. 2. Noting order 1 of the orders of the Court dated 10 February 2023, for the purposes of these proceedings, the following persons are to be known as set out below: (a) The deceased policyowner referred to in paragraphs 6(a) and 9 of the Beeby affidavit be known as Aaron. (b) The estranged wife of the deceased policyowner referred to in paragraphs 6(a) and 7(a) of the Beeby affidavit be known as Beth. (c) The late de facto partner of the deceased policyowner referred to in paragraphs 6(b) and 7(b) of the Beeby affidavit be known as Carol. (d) The minor daughter of the deceased policyowner and his late de facto partner referred to in paragraph 7(c) of the Beeby affidavit be known as Daphne. (e) The children of the deceased policyowner and his estranged wife referred to in paragraph 8 of the Beeby affidavit be known as Emily and Francis. 3. Until further order, pursuant to rule 9.24(1) of the Federal Court Rules 2011 (Cth), the Minister for Families and Communities (the Minister) represent the interests of both Daphne, the minor daughter of the deceased policyowner and his late de facto partner, and the interests of the estate of the late de facto partner, Carol, for the purpose of these proceedings only. 4. The Minister take steps to notify Beth, the estranged wife of the deceased policyowner, and Emily and Francis, the children of the marriage between the deceased policyowner and his estranged wife, of the subject matter of these proceedings, and their potential interest in these proceedings, by 4:00pm on 14 April 2023. 5. The Minister take steps to notify the maternal aunt of the minor daughter Daphne named on page 62 of exhibit BB-1 to the Beeby affidavit of the subject matter of these proceedings by 4:00pm on 14 April 2023. 6. The Minister file an affidavit setting out the steps taken by the respondent in compliance with orders 4 and 5 by 4:00pm on 19 April 2023. 7. Any external correspondence engaged in as a consequence of orders 4 and 5 or documents filed in relation to this matter by any party be copied to the amicus curiae, Mr Matt Karam. 8. The proceedings be stood over for case management before Justice Jackman at 9:30am on 20 April 2023. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.