Federal Court of Australia
Federal Court of Australia
Braz v Host-Plus Pty Ltd [2023] FCA 1454 Appeal from: Australian Financial Complaints Authority, Superannuation determination, case number 788900, Financial firm Host-Plus Pty Ltd (trustee), 26 May 2022
File number: QUD 224 of 2022
Judgment of: THOMAS J
Date of judgment: 23 November 2023
Catchwords: SUPERANNUATION – superannuation complaint – where a "scammer" fraudulently transferred the applicant's superannuation balance – where the applicant had engaged the "scammer" to set up a self-managed superannuation fund – first respondent refused to reimburse the applicant – where the Australian Financial Complaints Authority affirmed the first respondent's decision – whether the former trustee correctly rolled over the applicant's superannuation balance – whether the first respondent adhered to process checks and administrative controls – applicant's superannuation balance incorrectly rolled over as request not made by member
Legislation: Corporations Act 2001 (Cth) Superannuation Industry (Supervision) Act 1993 (Cth) Superannuation Industry (Supervision) Regulations 1994 (Cth)
Cases cited: Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Pope v Lawler (unreported, Federal Court of Australia, RD Nicholson J, 7 May 1996) QSuper Board v Australian Financial Complaints Authority Ltd (2020) 276 FCR 97; [2020] FCAFC 55
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
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