McKenzie v Commonwealth Superannuation Corporation [2023] FCA 396

Federal Court of Australia

McKenzie v Commonwealth Superannuation Corporation [2023] FCA 396 File number: NSD 670 of 2021

Judgment of: PERRY J

Date of judgment: 2 May 2023

Catchwords: STATUTORY INTERPRETATION – Defence Force Retirement and Death Benefits Act 1973 (Cth) – construction of the terms "on" and "after" in s 24(3)(b) of the Defence Force Retirement and Death Benefits Act – whether election for commutation has the effect of permanently reducing a member's entitlement to retirement pay or whether election results in a reduction in retirement pay only until the member has reached the age on which her or his expectation of life factor in sch 3 of the Defence Force Retirement and Death Benefits Act was based – discussion of approaches to statutory construction – where ordinary meaning of text is clear and supported by context – where applicant sought to rely on extrinsic materials to displace otherwise clear meaning of statutory text – whether s 24(3)(b) is subject to a requirement of proportionality – application dismissed

Legislation Acts Interpretation Act 1901 (Cth) s 15AA Defence Force Retirement and Death Benefits Act 1973 (Cth) ss 23(1), 23(2), 23(3), 24(1), 24(1AA), 24(2), 24(2A), 24(2B), 24(3)(a), 24(3)(b), 25, 39(1), 41, 42(3), 43(3), 75, schs 1 and 3 Defence Forces Retirement Benefits Act 1948 (Cth) Defence Force Retirement and Death Benefits Bill (Cth) Interpretation Act 1987 (NSW) s 33

Cases cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; 239 CLR 27 Certain Lloyd's Underwriters v Cross [2012] HCA 56; 248 CLR 378 CIC Insurance Ltd v Bankstown Football Club Ltd [1997] HCA 2; 187 CLR 384 Commissioner of Taxation v Douglas [2020] FCAFC 220 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner [2020] FCAFC 192; 282 FCR 1 Federal Commissioner of Taxation v Consolidated Media Holdings Ltd [2012] HCA 55; 250 CLR 503 Mills v Meeking [1990] HCA 6; 169 CLR 214 New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act [2016] HCA 50; 260 CLR 232 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 R v A2 [2019] HCA 35; 373 ALR 214 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; 262 CLR 362 Taylor v Owners — Strata Plan No 1564 [2014] HCA 9; 253 CLR 531 Vincentia MC Pharmacy Pty Ltd v Australian Community Pharmacy Authority [2020] FCAFC 163; 280 FCR 397