Federal Court of Australia
Federal Court of Australia
Rauchle v Q-Super Board (No 2) [2024] FCA 42 Appeal from: Australian Financial Complaints Authority, Superannuation determination, case number 666349, Financial firm QSuper Board (trustee), 22 October 2021
File number: QUD 391 of 2021
Judgment of: THOMAS J
Date of judgment: 31 January 2024
Catchwords: AUSTRALIAN FINANCIAL COMPLAINTS AUTHORITY – appeal from the Australian Financial Complaints Authority (AFCA) – whether decision fair and reasonable – procedural fairness – where AFCA determination contains no direct reference to or analysis of the issue of procedural fairness – HELD: error of law identified – decision set aside and remitted to the AFCA for determination according to law
Legislation: Corporations Act 2001 (Cth) Superannuation (Resolution of Complaints) Act 1993 (Cth)
Cases cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Australian Reward Investment Alliance v Superannuation Complaints Tribunal (2008) 173 FCR 335; [2008] FCA 1548 Board of Trustees of the State Public Sector Superannuation Scheme v Edington (2011) 119 ALD 472; [2011] FCAFC 8 Edwards v Postsuper Pty Ltd [2007] FCAFC 83 Finch v Telstra Super Pty Ltd (2010) 242 CLR 254; [2010] HCA 36 QSuper Board v Australian Financial Complaints Authority (2020) 276 FCR 97; [2020 FCAFC 55 Rauchle v Q-Super Board [2022] FCA 1537
Division: General Division
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