Federal Court of Australia
Federal Court of Australia
Edser v QSuper Board [2023] FCA 1120 File number(s): QUD 360 of 2022
Judgment of: MEAGHER J
Date of judgment: 20 September 2023
Catchwords: ADMINISTRATIVE LAW – Appeal from determination of the Australian Financial Complaints Authority (Authority) – Whether Authority erred in its interpretation of the clear causation test – Whether Authority made a legally unreasonable, irrational or illogical finding, or a critical finding of fact for which there was no evidential support – Whether Authority was required to resolve ambiguities in medical report – Whether Authority erred in its determination of the clear causation test – Whether Authority erred in failing to consider whether bullying and threats suffered by the applicant were so substantial such as to deny any clear causation – Application dismissed QUESTIONS OF LAW – Notice of objection to competency – Appeal brought pursuant to s 1057 of the Corporations Act 2001 (Cth) – Whether notice of appeal identified questions of law – Whether mixed questions of law and fact – Notice of objection to competency upheld in part
Legislation: Corporations Act 2001 (Cth) Insurance Contracts Act 1984 (Cth) Superannuation (State Public Sector) Act 1990 (Qld) Superannuation (State Public Sector) Deed 1990 (Qld)
Cases cited: AIA Australia Ltd v Lancaster [2017] FCA 962 Australian Securities and Investments Commission v Edensor Nominees Pty Ltd (2001) 204 CLR 559; [2001] HCA 1 Board of Trustees of the State Public Sector Superannuation Scheme v Edington [2011] FCAFC 8 Carrette v Superannuation Complaints Tribunal [2017] FCA 640 E & J Gallo Winery v Lion Nathan Australia Pty Limited (2009) 175 FCR 386; [2009] FCAFC 27 Edser v QSuper Board [2021] FCA 1437 Felix v NULIS Nominees (Australia) Ltd [2020] FCA 591 Hannover Life Assurance Re of Australasia Ltd v Membrey (2004) 210 ALR 462; [2004] FCA 1095 Haritos v Commissioner of Taxation (2015) 233 FCR 315; [2015] FCAFC 92 Hornsby v Military Superannuation and Benefits Board of Trustees (No 1) (2003) 126 FCR 484; [2003] FCA 54 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30 Piper & Mueller [2015] FamCAFC 241 Rauchle v Q-Super Board [2022] FCA 1537 Waraich v Minister for Home Affairs (2021) 286 FCR 45; [2021] FCAFC 155
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate