Australian Petroleum Nominees Pty Ltd v The Members of the Superannuation Complaints Tribunal & Anor [1997] FCA 1466

Australian Petroleum Nominees Pty Ltd v The Members of the Superannuation Complaints Tribunal & Anor [1997] FCA 1466

Mr Harmer was not a 'member' or notional member of the regulated superannuation fund with a present substantive entitlement; thus, the Tribunal lacked jurisdiction to entertain his complaint under s 15(1)(b)(i) of the Superannuation (Resolution of Complaints) Act 1993.

Parties
Applicant: Australian Petroleum Nominees Pty Limited; First Respondent: The Members of the Superannuation Complaints Tribunal; Second Respondent: Robert James Harmer
Jurisdiction
Australia
Judgment Date
12 November 1997
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application granted; Tribunal's decision set aside; declaration and prohibition issued; costs ordered against second respondent.
Legal Topics
Standing Before Tribunal, Statutory Interpretation, Trustee Fiduciary Duties
Superannuation Law Trusts Administrative Law Standing Before Tribunal Statutory Interpretation Trustee Fiduciary Duties

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Parties

Australian Petroleum Nominees Pty Limited

Applicant

The Members of the Superannuation Complaints Tribunal

First Respondent

Robert James Harmer

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Superannuation Complaints Tribunal had jurisdiction to entertain the complaint
  2. 2 Whether Mr Harmer was a 'member' for the purposes of s 15(1)(b)(i) of the Superannuation (Resolution of Complaints) Act 1993
  3. 3 Whether Mr Harmer had a present substantive entitlement or was a notional member of the fund

Ratio Decidendi

Mr Harmer was not a 'member' or notional member of the regulated superannuation fund with a present substantive entitlement; thus, the Tribunal lacked jurisdiction to entertain his complaint under s 15(1)(b)(i) of the Superannuation (Resolution of Complaints) Act 1993.

Court Disposition

Application granted; Tribunal's decision set aside; declaration and prohibition issued; costs ordered against second respondent.

Orders

  • Decision of the first respondent conveyed in its letter dated 23 April 1997 set aside.
  • Declare that the second respondent is not a 'member' of the Australia Petroleum Superannuation Plan for the purposes of s 15(1)(b)(i) of the Superannuation (Resolution of Complaints) Act 1993.