Lingard v Commonwealth Bank Officers Superannuation Corporation Pty Limited [2024] FCA 174

Federal Court of Australia

Lingard v Commonwealth Bank Officers Superannuation Corporation Pty Limited [2024] FCA 174 File number(s): QUD 388 of 2022

Judgment of: SARAH C DERRINGTON J

Date of judgment: 4 March 2024

Catchwords: ADMINISTRATIVE LAW – appeal from decision of the Australian Financial Complaints Authority (AFCA) affirming decision of first respondent – first respondent decided appellant was not a dependant and so was not entitled to any benefit from deceased member's superannuation fund – whether AFCA failed to take into account a relevant consideration – whether decision legally unreasonable – whether decision infected by actual or apparent bias ADMINISTRATIVE LAW – appeal from decision of the Australian Financial Complaints Authority (AFCA) – where respondents filed objections to competency –whether notice of appeal discloses a question of law – where self-represented appellant – whether appropriate for Court to frame questions in order to found jurisdiction

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Corporations Act 2001 (Cth) ss 1053(1)(j), 1055, 1057 Family Law Act 1975 (Cth) ss 4AA(2), 44(5) Superannuation Industry (Supervision) Act 1993 (Cth) s 10 Superannuation (Resolution of Complaints) Act 1993 (Cth) s 37(6) Federal Court Rules 2011 (Cth) r 33.30 Superannuation Industry (Supervision) Regulations 1994 (Cth) reg 1.04AAAA Succession Act 2006 (NSW) s 57(1)(b)