Gray v United Super Pty Limited as Trustee for the Construction and Building Unions Superannuation Fund [2011] FCA 40

Gray v United Super Pty Limited as Trustee for the Construction and Building Unions Superannuation Fund [2011] FCA 40

The Tribunal did not err in law or in its exercise of discretion by finding it was not fair and reasonable for any proportion of the death benefit to be paid to Ms Gray, regardless of whether she qualified as a 'spouse', and the Tribunal’s approach and assessment of dependency were open and proper in the circumstances.

Parties
Applicant: Dianne Gray; First Respondent: United Super Pty Limited as Trustee for the Construction and Building Unions Superannuation Fund; Second Respondent: Carissa Anne Pagett
Jurisdiction
Australia
Judgment Date
03 February 2011
Procedural Posture
Appeal / Judgment on Appeal From Superannuation Complaints Tribunal
Outcome
Application dismissed with costs.
Legal Topics
Superannuation Death Benefit, Trustee Discretion, Meaning of 'spouse' Under Trust Deed, Dependent Qualification, Questions of Law on Appeal
Administrative Law Superannuation Law Superannuation Death Benefit Trustee Discretion Meaning of 'spouse' Under Trust Deed Dependent Qualification Questions of Law on Appeal

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Parties

Dianne Gray

Applicant

United Super Pty Limited as Trustee for the Construction and Building Unions Superannuation Fund

First Respondent

Carissa Anne Pagett

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From Superannuation Complaints Tribunal

Legal Issues

  1. 1 Whether former de facto wife of deceased is entitled to superannuation death benefit
  2. 2 Whether former de facto wife qualified as 'spouse' or 'dependent' under the trust deed
  3. 3 Whether Tribunal's decision on distribution of death benefit was fair and reasonable

Ratio Decidendi

The Tribunal did not err in law or in its exercise of discretion by finding it was not fair and reasonable for any proportion of the death benefit to be paid to Ms Gray, regardless of whether she qualified as a 'spouse', and the Tribunal’s approach and assessment of dependency were open and proper in the circumstances.

Court Disposition

Application dismissed with costs.

Orders

  • The application be dismissed with costs.