David Feint v First State Super FSS Trustee Corporation [2007] NSWIRComm 246

Industrial Court of New South Wales

CITATION: David Feint v First State Super FSS Trustee Corporation [2007] NSWIRComm 246

APPELLANT: David Feint PARTIES: RESPONDENT: First State Super FSS Trustee Corporation

FILE NUMBER(S): IRC 517 of 2007

CORAM: Staunton J

CATCHWORDS: Superannuation appeal - issue as to jurisdiction - relevant legislative provisions relied upon in Superannuation Administration Act 1996 and First State Superannuation Act 1992 now repealed - transitional provisions considered - issue as to whether dispute existed at relevant time - meaning of dispute considered - held dispute between the parties arose prior to repeal of relevant legislative provisions - held Commission vested with jurisdiction as provided by transitional provisions - Trust Deed and Rules of the Scheme considered pursuant to ss 22 and 40 of Superannuation Administration Act 1996 (now repealed) - held Trust Deed and Rules a relevant consideration - held dispute not yet determined by Claims Review Committee as required by Trust Deed and Rules of the Scheme - appellant has right to request respondent to determine dispute - appeal out of time not an issue at this point - if such determination is adverse to the appellant the Commission has jurisdiction to hear and determine appeal - costs to be determined.

First State Superannuation Act 1992 LEGISLATION CITED: First State Superannuation Amendment (Conversion) Act 2005 Superannuation Administration Act 1996 Superannuation (Resolution of Complaints) Act 1993 (Cth)

Druery v First State Super FSS Trustee Corporation (2005) NSWIRComm 255 CASES CITED: Gedeon v First State Super Trustee Corporation (2005) NSWIRComm 62 JR Exports Pty Limited v Australian Trade Commission (1986) 71 ALR 717