Carmody v Superannuation Complaints Tribunal [2020] FCA 291

The Tribunal made no error of law in affirming the Trustee's decision as fair and reasonable. Compliance with the Child Support Agency notices did not adversely alter Mr Carmody's accrued benefits because his entitlement and the amount of the benefit remained intact and amounts were applied to satisfy his child support debt. The Trustee was an employer for the statutory purposes of s 45 because it made or was liable to make work and income support related withholding payments, and it was a person holding money for or on account of Mr Carmody for s 72A purposes. Any challenge to the child support assessment or protected earnings amount was for the Child Support Agency objection and review...

Jurisdiction: Australia
Judgment Date: 11 March 2020
Procedural Posture: Appeal on Questions of Law From a Determination of the Superannuation Complaints Tribunal Pursuant to S 46 of the Superannuation (resolution of Complaints) Act 1993 (cth) / Judgment on Appeal
Outcome: Appeal dismissed; Tribunal determination affirmed.
Legal Topics: ['superannuation Complaints Tribunal Determination' 'child Support Agency Notices' 'military Superannuation and Benefits Scheme Invalidity Pension' 'meaning of Employer in S 45 of the Child Support (registration and Collection) Act 1988 (cth)' 'third Party Debt Collection Under S 72 a of the Child Support (registration and Collection) Act 1988 (cth)' 'alteration, Assignment and Charge of Superannuation Benefits']

['superannuation' 'administrative Law' 'child Support'] ['superannuation Complaints Tribunal Determination' 'child Support Agency Notices' 'military Superannuation and Benefits Scheme Invalidity Pension' 'meaning of Employer in S 45 of the Child Support (registration and Collection) Act 1988 (cth)' 'third Party Debt Collection Under S 72 a of the Child Support (registration and Collection) Act 1988 (cth)' 'alteration, Assignment and Charge of Superannuation Benefits']

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Procedural Posture

Appeal on Questions of Law From a Determination of the Superannuation Complaints Tribunal Pursuant to S 46 of the Superannuation (resolution of Complaints) Act 1993 (cth) / Judgment on Appeal

Legal Issues

1 ["Whether the Trustee's compliance with Child Support Agency notices altered adversely Mr Carmody's accrued benefits contrary to reg 13.16 of the Superannuation Industry (Supervision) Regulations 1994 (Cth)." 'Whether, by complying with the s 45 and s 72A notices, the Trustee breached s 58 of the Superannuation Industry (Supervision) Act 1993 (Cth).' 'Whether the Trustee was an employer for the purposes of s 45 of the Child Support (Registration and Collection) Act 1988 (Cth).' 'Whether the Trustee was a person who held money for or on account of Mr Carmody for the purposes of s 72A of the Child Support (Registration and Collection) Act 1988 (Cth).' 'Whether the Trustee was legally allowed to comply with s 72A notices where the child support assessment included amounts referable to pension 1 and whether disputes about protected earnings or assessment amounts were matters for the Child Support Agency.' "Whether compliance with the s 45 or s 72A notices created an assignment of, or charge over, Mr Carmody's benefits."]

Ratio Decidendi

Court Disposition

Appeal dismissed; Tribunal determination affirmed.

Orders

['The determination of the Superannuation Complaints Tribunal dated 21 June 2018 be affirmed.' 'The appeal be dismissed.']