Campbell v Superannuation Complaints Tribunal [2016] FCA 808

Campbell v Superannuation Complaints Tribunal [2016] FCA 808

The applicant's entitlement to receive an invalidity pension benefit under the Military Superannuation Benefits Scheme is a superannuation interest as defined by s 90MD Family Law Act 1975 (Cth) but, under reg 5(2) of the Family Law (Superannuation) Regulations 2001, the invalidity pension is not a defined benefit interest but an accumulation interest; thus, the trustee was obliged to provide information on the basis of an accumulation interest, not a defined benefit interest, and the Tribunal erred in upholding the provision of information on the defined benefit basis.

Parties
Applicant: Bradley James Campbell; First Respondent: Superannuation Complaints Tribunal; Second Respondent: Commonwealth Superannuation Corporation
Jurisdiction
Australia
Judgment Date
15 July 2016
Procedural Posture
Appeal on Questions of Law From Tribunal Decision / Judgment
Outcome
Appeal allowed on questions of law. Tribunal decision set aside. Matter remitted for reconsideration.
Legal Topics
Invalidity Pension, Defined Benefit Interest, Superannuation Interest, Obligation to Furnish Information Under S 90 MZB Family Law Act, Value of Superannuation Interests, Family Law (superannuation) Regulations Interpretation, Military Superannuation
Administrative Law Family Law Superannuation Law Invalidity Pension Defined Benefit Interest Superannuation Interest Obligation to Furnish Information Under S 90 MZB Family Law Act Value of Superannuation Interests +2 more

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Parties

Bradley James Campbell

Applicant

Superannuation Complaints Tribunal

First Respondent

Commonwealth Superannuation Corporation

Second Respondent

Procedural Posture

Appeal on Questions of Law From Tribunal Decision / Judgment

Legal Issues

  1. 1 Whether the applicant's entitlement to an invalidity pension benefit under the Military Superannuation Benefits Scheme is a 'superannuation interest' as defined by s 90MD Family Law Act 1975 (Cth)
  2. 2 Whether the entitlement to an invalidity pension is a 'defined benefit interest' for the purposes of the Family Law (Superannuation) Regulations 2001
  3. 3 Whether the trustee (second respondent) was obliged to provide information on a defined benefit or accumulation interest basis under s 90MZB(3) Family Law Act

Ratio Decidendi

The applicant's entitlement to receive an invalidity pension benefit under the Military Superannuation Benefits Scheme is a superannuation interest as defined by s 90MD Family Law Act 1975 (Cth) but, under reg 5(2) of the Family Law (Superannuation) Regulations 2001, the invalidity pension is not a defined benefit interest but an accumulation interest; thus, the trustee was obliged to provide information on the basis of an accumulation interest, not a defined benefit interest, and the Tribunal erred in upholding the provision of information on the defined benefit basis.

Court Disposition

Appeal allowed on questions of law. Tribunal decision set aside. Matter remitted for reconsideration.

Orders

  • The applicant's invalidity pension under the Military Superannuation Benefit Scheme is a superannuation interest for the purposes of the Family Law Act 1975 (Cth).
  • The applicant ought to have been furnished with information on the footing that the interest was an accumulation interest and not a defined benefit interest.