OnePath Life Limited, Allianz Australia Life Insurance Limited and Suncorp Life and Superannuation Limited v NSW Registry of Births, Deaths and Marriages and Gerasimov [2013] NSWADT 196

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: OnePath Life Limited, Allianz Australia Life Insurance Limited and Suncorp Life and Superannuation Limited v NSW Registry of Births, Deaths and Marriages and Gerasimov [2013] NSWADT 196 Hearing dates: 8 July 2013, 7 August 2013 Decision date: 30 August 2013 Jurisdiction: General Division Before: Judge K P O'Connor, President Decision: 1. The second respondent's objection to jurisdiction is rejected. 2. However, the application for review is stayed pending resolution of the District Court proceedings brought by the second respondent against the insurers (matters numbered 2011/00292705, 2011/00301247, 2011/00304114). 3. The Registrar is to re-list the matter once the outcome of those proceedings is known. If the applicants wish to proceed with the application for review at that point, the Tribunal will hear them in relation to exercise of the discretion under s 55(3) of the ADT Act. Catchwords: JURISDICTION - Application for Review - Second Respondent objects to the Tribunal considering application because it lacks jurisdiction - whether the application for review satisfies pre-conditions relating to internal review - held no application for internal review was duly made - however the application for review by the Tribunal is not outside jurisdiction given the Tribunal's broad power to dispense with the requirement for an application for internal review. CASE MANAGEMENT - powers of Tribunal - No utility in application for review proceeding while District Court proceedings on foot - Application for review stayed Legislation Cited: Administrative Decisions Tribunal Act 1997 Births, Deaths and Marriages Registration Act 1995 Cases Cited: Chief Commissioner of State Revenue v Print National Pty Ltd [2013] NSWCA 96 NL v Director-General Department of Community Services [2009] NSWADT 227 PC v University of New South Wales (GD) [2005] NSWADTAP 72 PC v University of New South Wales [2005] NSWADT 157 Category: Principal judgment Parties: OnePath Life Limited (First Applicant) Allianz Australia Life Insurance Ltd (Second Applicant) Suncorp Life and Superannuation Ltd (Third Applicant) NSW Registry of Births, Deaths and Marriages (First Respondent) Sergy Gerasimov (Second Respondent) Representation: Counsel S Walsh (First, Second and Third Applicants) P Bingham (Second Respondent) M Iacuzzi, Turks Legal (First, Second and Third Applicants) M Dalla-Pozza, Crown Solicitor's Office (First Respondent) T Cobban, Maurice Blackburn Lawyers (Second Respondent) File Number(s): 133166