Connor v Australian Financial Complaints Authority [2024] FCA 711

Federal Court of Australia

Connor v Australian Financial Complaints Authority [2024] FCA 711 File number(s): ACD 51 of 2022

Judgment of: HALLEY J

Date of judgment: 3 July 2024

Catchwords: APPEALS – appeal from determination of the Australian Financial Complaints Authority (AFCA) affirming decision of the Commonwealth Superannuation Corporation (CSC) as trustee of the Commonwealth Superannuation Scheme – where AFCA determined the CSC's decisions were fair and reasonable – scope and content of appeals to the Federal Court on a "question of law" pursuant to s 1057 of the Corporations Act 2001 (Cth) (Act) – whether AFCA's determination was "contrary to law" within the meaning of s 1055(7) of the Act – whether determination "contrary to law" because AFCA did not apply common law legal principles on damages – s 1055(7) of the Act does not impose positive obligation on AFCA to make determinations consistently with common law legal principles in the same manner as a court – where the Act directs attention to whether decision was "fair and reasonable" in its operation in relation to complainant – whether AFCA's determination was unreasonable, illogical or irrational – whether determination lacked any evident or intelligible justification – AFCA's determination was not a decision that no reasonable decision maker could make – whether AFCA failed to respond to substantial, clearly articulated argument – whether AFCA overlooked applicant's principal complaint – AFCA's determination must be considered as a whole and read fairly and broadly – grounds of appeal not made out – appeal dismissed

Legislation: Corporations Act 2001 (Cth) Pt 7.10A, ss 1053, 1055, 1057 Income Tax Assessment Act 1997 (Cth) s 304-10 Superannuation (Resolution of Complaints) Act 1993 (Cth) s 37 Superannuation Industry (Supervision) Regulations 1994 (Cth) Tax and Superannuation Laws Amendment (Release Conditions for Non-concessional Contributions) Regulation 2015 (Cth) Treasury Laws Amendment (Putting Consumers First – Establishment of the Australian Financial Complaints Authority) Act 2018 (Cth)