Campbell v Superannuation Complaints Tribunal [2017] FCA 1509

Campbell v Superannuation Complaints Tribunal [2017] FCA 1509

The tribunal correctly determined, and the respondent (CSC) was lawfully entitled and required to furnish, the annual pension amount information to the applicant in accordance with reg 63 of the Family Law (Superannuation) Regulations 2001 and the MSBS Determination as amended in 2016. The Minister's determination permissibly required overlapping information such as the annual pension amount ('P') to be disclosed. There was no prohibition or legal error in the Tribunal's affirmation of the CSC's decision subject to specific regulatory reference.

Jurisdiction
Australia
Judgment Date
12 December 2017
Procedural Posture
Statutory Appeal / Judgment on Appeal From Tribunal
Outcome
The appeal is dismissed.
Legal Topics
['superannuation Splitting' 'provision of Information by Superannuation Trustee' 'military Superannuation Benefits Scheme' 'invalidity Pension' 'tribunal Decision Review']
['administrative Law' 'family Law'] ['superannuation Splitting' 'provision of Information by Superannuation Trustee' 'military Superannuation Benefits Scheme' 'invalidity Pension' 'tribunal Decision Review']

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Procedural Posture

Statutory Appeal / Judgment on Appeal From Tribunal

Legal Issues

  1. 1 ['Whether the respondent (CSC) was obliged or entitled to furnish the applicant with information about the annual pension amount of invalidity pension paid under the Military Superannuation Benefits Scheme (MSBS)' "Whether the Tribunal erred in affirming – subject to correction of the reference to the applicable regulation – the respondent's decision to furnish such information in a certificate to the applicant" 'Construction and effect of reg 63 of the Family Law (Superannuation) Regulations 2001 and the MSBS Determination as amended in 2016']

Ratio Decidendi

The tribunal correctly determined, and the respondent (CSC) was lawfully entitled and required to furnish, the annual pension amount information to the applicant in accordance with reg 63 of the Family Law (Superannuation) Regulations 2001 and the MSBS Determination as amended in 2016. The Minister's determination permissibly required overlapping information such as the annual pension amount ('P') to be disclosed. There was no prohibition or legal error in the Tribunal's affirmation of the CSC's decision subject to specific regulatory reference.

Court Disposition

The appeal is dismissed.

Orders

  • ['The appeal be dismissed.']