Kestel v Superannuation Complaints Tribunal [2010] FCA 1300
On the facts, the applicant's solicitor was authorised to receive communications from the trustee relating to the superannuation matter, including notice under s 14(3) of the Act. Notice to the solicitor constituted notice to the applicant; the complaint was lodged outside the prescribed period, depriving the Tribunal of jurisdiction.
- Jurisdiction
- Australia
- Judgment Date
- 25 November 2010
- Procedural Posture
- Application / Final Judgment (dismissal)
- Outcome
- Application dismissed
- Legal Topics
- ["solicitor's Authority" 'notice Under Superannuation (resolution of Complaints) Act 1993 S 14(3)' 'jurisdiction of Tribunal']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Application / Final Judgment (dismissal)
Legal Issues
- 1 ['Whether solicitor had authority to receive notice under s 14(3) of the Superannuation (Resolution of Complaints) Act 1993 (Cth)' 'Whether notice given to solicitor constituted notice to the applicant under s 14(3)' 'Jurisdiction of the Superannuation Complaints Tribunal']
Ratio Decidendi
On the facts, the applicant's solicitor was authorised to receive communications from the trustee relating to the superannuation matter, including notice under s 14(3) of the Act. Notice to the solicitor constituted notice to the applicant; the complaint was lodged outside the prescribed period, depriving the Tribunal of jurisdiction.
Court Disposition
Application dismissed
Orders
- ['The application filed on 2 November 2010 be dismissed.' 'Each party pay their own costs of the application.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment