Federal Court of Australia
Federal Court of Australia
Corbisieri v NM Superannuation Proprietary Limited [2023] FCA 1319 File number(s): VID 442 of 2023
Judgment of: O'CALLAGHAN J
Date of judgment: 2 November 2023
Catchwords: INSURANCE – appeal on a single question of law pursuant to s 1057 of the Corporations Act 2001 (Cth) against Australian Financial Complaints Authority Limited (AFCA) determination setting aside decision of trustee in relation to death benefits of deceased policy holder – AFCA erred in law – appeal allowed – matter remitted to AFCA to be determined again
Legislation: Acts Interpretation Act 1901 (Cth) s 25D Corporations Act 2001 (Cth) ss 1055, 1057, pt 7.10A Family Law Act 1975 (Cth) De Facto Relationships Act 1984 (NSW)
Cases cited: Hibberson v George (1989) 12 Fam LR 725 In the Marriage of Tye (1976) 9 ALR 529; [1976] 1 Fam LR 11,235 S v B (No 2) [2005] 1 Qd R 537 Sharma v H.E.S.T. Australia Ltd [2022] FCA 536 Tratter v Aware Super [2023] FCA 491
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 46
Date of hearing: 24 October 2023
Counsel for the Applicant: Mr B Guzzo
Solicitor for the Applicant: Cavoli & Co
Counsel for the First Respondent: The First Respondent filed a submitting notice save as to costs
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