Collier, Robert John & Anor v First State Super Trustee Corp [1998] FCA 1520

Collier, Robert John & Anor v First State Super Trustee Corp [1998] FCA 1520

Applicants have not established an entitlement to be paid the moneys in question, as their circumstances do not fall within any ground in regulation 6.19A(1) and no APRA determination supporting their request has been made.

Parties
First Applicant: robert john collier; Second Applicant: MARION LOUISE COLLIER; Respondent: FIRST STATE SUPER TRUSTEE CORPORATION
Jurisdiction
Australia
Judgment Date
25 November 1998
Procedural Posture
Application for Release of Superannuation Funds / Judgment
Outcome
Application dismissed
Legal Topics
Release of Preserved Benefits, Financial Hardship, Regulations on Compassionate Grounds
Superannuation Law Release of Preserved Benefits Financial Hardship Regulations on Compassionate Grounds

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Parties

robert john collier

First Applicant

MARION LOUISE COLLIER

Second Applicant

FIRST STATE SUPER TRUSTEE CORPORATION

Respondent

Procedural Posture

Application for Release of Superannuation Funds / Judgment

Legal Issues

  1. 1 Whether applicants are entitled to immediate release of superannuation funds under applicable statutes and regulations
  2. 2 Whether APRA determination or guidelines permit release of funds to prevent eviction due to rent arrears

Ratio Decidendi

Applicants have not established an entitlement to be paid the moneys in question, as their circumstances do not fall within any ground in regulation 6.19A(1) and no APRA determination supporting their request has been made.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.