Federal Court of Australia
Federal Court of Australia
Tratter v Aware Super [2023] FCA 491 File number: VID 701 of 2021
Judgment of: WHEELAHAN J
Date of judgment: 19 May 2023
Catchwords: SUPERANNUATION — application under s 1057 of the Corporations Act 2001 (Cth) to remit for further determination a decision of the Australian Financial Complaints Authority to affirm a decision of the trustee of a superannuation fund in relation to the apportionment of a death benefit — where the trustee of the fund apportioned the death benefit 70% to the deceased member's former spouse and 30% to the deceased member's mother — whether AFCA erred in determining that the trustee's determination was neither unfair nor unreasonable — adequacy of reasons — no error of law — application dismissed
Legislation: Acts Interpretation Act 1901 (Cth) s 25D Corporations Act 2001 (Cth) sections 1051A(4)(e), 1053(1)(j), 1054A, 1055, 1055A, 1057(1) and Div 3 Part 7.10A Superannuation Industry (Supervision) Act 1993 (Cth) s 10(1) Superannuation (Resolution of Complaints) Act 1993 (Cth) s 14(2) and s 37
Cases cited: Attorney-General (Cth) v Breckler [1999] HCA 28; 197 CLR 83 Attorney-General (NSW) v Quin [1990] HCA 21; 170 CLR 1 Board of Trustees of the State Public Sector Superannuation Scheme v Edington [2011] FCAFC 8; 119 ALD 472 British Fame (Owners) v Macgregor (Owners) [1943] AC 197 Cameron v Board of Trustees of the State Public Sector Superannuation Scheme [2003] FCAFC 214; 130 FCR 122 Dwyer v Calco Timbers Pty Ltd [2008] HCA 13; 234 CLR 124 Hornsby v Military Superannuation & Benefits Board of Trustees [No 1] [2003] FCA 54; 126 FCR 484 Mercer Superannuation (Australia) Ltd v Billinghurst [2017] FCAFC 201; 255 FCR 144 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 National Mutual Life Association of Australasia Ltd v Campbell [2000] FCA 852; 99 FCR 562 QSuper Board v Australian Financial Complaints Authority Limited [2020] FCAFC 55; 276 FCR 97 Pennington v Norris [1956] HCA 26; 96 CLR 10 Podrebersek v Australian Iron & Steel Pty Ltd [1985] HCA 34; 59 ALR 529 Reeves v Nulis Nominees (Australia) Limited (Trustee) [2022] FCA 627 Retail Employees Superannuation Pty Ltd v Crocker [2001] FCA 1330 Singer v Berghouse [1994] HCA 40; 181 CLR 201
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