Federal Court of Australia
Federal Court of Australia Edwards v Retail Employees Superannuation Pty Ltd a trustee of the Retail Employees Superannuation Trust [2024] FCA 1091 File number: SAD 84 of 2023
Judgment of: CHARLESWORTH J
Date of judgment: 19 September 2024
Catchwords: ADMINISTRATIVE LAW – appeal from decision of Australian Financial Complaints Authority (AFCA) relating to the payment of a death benefit – appellant claiming to be a dependent of the deceased – whether AFCA made errors of law in the determination of the applicant's complaint – whether AFCA erred in refusing to exercise power to obtain documents relevant to the complaint – whether AFCA erred in failing to obtain a medical opinion relating to the deceased's medical condition – whether AFCA erred in placing reliance on evidence of written and oral statements of the deceased that she had ended a prior spousal relationship with the appellant – whether AFCA discharged its obligation to give written reasons for its decision – no error of law demonstrated – appeal dismissed
Acts Interpretation Act 1901 (Cth) s 25D Administrative Appeals Tribunal Act 1975 (Cth) s 43 Legislation: Corporations Act 2001 (Cth) ss 1054A, 1055, 1055A, 1057 Migration Act 1958 (Cth) s 424 Superannuation Industry (Supervision) Act 1993 (Cth) ss 10, 10A Superannuation Industry (Supervision) Regulations 1994 (Cth), reg 6.22
Collins v Northern Territory (2007) 161 FCR 549 Director-General of Social Services v Chaney (1980) 47 FLR 80 Dornan v Riordan (1990) 24 FCR 564 George v Rockett (1990) 170 CLR 104 Hunter v Transport Accident Commission [2005] VSCA 1 Kermanioun v Comcare (1998) 55 ALD 503 Cases cited: Kristoffersen v Superannuation Complaints Tribunal [2013] FCA 951 Kristoffersen v Superannuation Complaints Tribunal [2014] FCAFC 63 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 Minister for Immigration and Citizenship v SZIAI (2009) 111 ALD 15 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Roy v Sturgeon (1986) 11 NSWLR 454 Transcon Holding Pty Ltd v Aged Care Quality and Safety Commissioner (2023) 297 FCR 39
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