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

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

The Tribunal found that although a duly made internal review application had not occurred, s 55(3) of the ADT Act confers a dispensing power permitting the Tribunal to hear a review application even in the absence of a prior internal review, making the jurisdictional objection unsuccessful. However, given parallel District Court proceedings on the substantive issue (death benefit claims), there is no utility in proceeding at this time, and the Tribunal stayed the review until those proceedings are resolved.

Parties
First Applicant: OnePath Life Limited; Second Applicant: Allianz Australia Life Insurance Ltd; Third Applicant: Suncorp Life and Superannuation Ltd; First Respondent: NSW Registry of Births, Deaths and Marriages; Second Respondent: Sergy Gerasimov
Jurisdiction
Australia
Judgment Date
30 August 2013
Procedural Posture
Administrative Review / Application for Review, Jurisdictional Objection Raised, Stayed Pending District Court Outcome
Outcome
Second respondent's jurisdictional objection rejected; application for review stayed pending District Court outcome.
Legal Topics
Jurisdiction, Application for Review, Internal Review Requirements, Case Management, Effect of Death Certificates, Tribunal Procedure
Administrative Law Jurisdiction Application for Review Internal Review Requirements Case Management Effect of Death Certificates Tribunal Procedure

Case Brief

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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

Procedural Posture

Administrative Review / Application for Review, Jurisdictional Objection Raised, Stayed Pending District Court Outcome

Legal Issues

  1. 1 Whether Tribunal has jurisdiction to consider review application absent an orthodox internal review
  2. 2 Whether pre-conditions to review (internal review) were satisfied
  3. 3 Whether there is utility in the Tribunal proceeding while related District Court proceedings are ongoing

Ratio Decidendi

The Tribunal found that although a duly made internal review application had not occurred, s 55(3) of the ADT Act confers a dispensing power permitting the Tribunal to hear a review application even in the absence of a prior internal review, making the jurisdictional objection unsuccessful. However, given parallel District Court proceedings on the substantive issue (death benefit claims), there is no utility in proceeding at this time, and the Tribunal stayed the review until those proceedings are resolved.

Court Disposition

Second respondent's jurisdictional objection rejected; application for review stayed pending District Court outcome.

Orders

  • The second respondent's objection to jurisdiction is rejected.
  • 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).