NSW Caselaw
Industrial Court of New South Wales
CITATION: Bennett v SAS Trustee Corporation & Anor (No 2) [2008] NSWIRComm 89
PAUL GRAHAM BENNETT Applicant
PARTIES: SAS TRUSTEE CORPORATION First Respondent
MARGARET ANNE SCHOFIELD Second Respondent
FILE NUMBER(S): IRC 1492 of 2007
CORAM: Schmidt J
CATCHWORDS: Superannuation - Appeal - determination of SAS Trustee Corporation Disputes Committee in relation to superannuation allowance paid to de facto spouse of a deceased police officer under s 11AA of the Police Regulation (Superannuation) Act 1996 - appeal by son of deceased police officer and executor of officer's estate - whether applicant has standing to bring appeal - whether applicant a 'person aggrieved' within the meaning of s 88 of the Superannuation Administration Act 1996 - standing established
Administrative Decisions (Judicial Review) Act 1977 LEGISLATION CITED: Police Regulation (Superannuation) Act 1906 Superannuation Administration Act 1996
Australian Conservation Foundation (Incorporated) v Commonwealth of Australia and Ors (1978) 146 CLR 493 Australian Institute of Marine and Power Engineers v Secretary, Department of Transport (1986) 13 FCR 124 CASES CITED: Bennett v SAS Trustee Corporation [2008] NSWIRComm 39 Commissioner of Police v SAS Trustee Corporation (2002) 131 IR 243 Onus and Anor v Alcoa of Australia Ltd (1981) 149 CLR 27
HEARING DATES: 22 April 2008
DATE OF JUDGMENT: 2 May 2008
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