Matsen v Superannuation Complaints Tribunal [2017] FCA 765

Matsen v Superannuation Complaints Tribunal [2017] FCA 765

The applicant failed to establish any relevant ground such as duress or impropriety sufficient to set aside the consent orders under rule 39.05 of the Federal Court Rules 2011; his subsequent written consent to the orders, after taking legal advice and more than a month after the mediation, indicated valid consent.

Parties
Applicant: Kenneth Matsen; First Respondent: Superannuation Complaints Tribunal; Second Respondent: Retail Employees Superannuation Pty Limited; Third Respondent: Cherie Lee Bennett; Fourth Respondent: Elizabeth Pearsall
Jurisdiction
Australia
Judgment Date
06 July 2017
Procedural Posture
Interlocutory Application / Application to Set Aside Consent Orders After Final Judgment
Outcome
Application dismissed
Legal Topics
Setting Aside Consent Orders, Duress, Mediation Procedure
Superannuation Administrative Law Setting Aside Consent Orders Duress Mediation Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Kenneth Matsen

Applicant

Superannuation Complaints Tribunal

First Respondent

Retail Employees Superannuation Pty Limited

Second Respondent

Cherie Lee Bennett

Third Respondent

Elizabeth Pearsall

Fourth Respondent

Procedural Posture

Interlocutory Application / Application to Set Aside Consent Orders After Final Judgment

Legal Issues

  1. 1 Whether the applicant has satisfied grounds to set aside consent orders under rule 39.05 of the Federal Court Rules 2011
  2. 2 Whether alleged duress or procedural unfairness vitiated the applicant's consent to settlement

Ratio Decidendi

The applicant failed to establish any relevant ground such as duress or impropriety sufficient to set aside the consent orders under rule 39.05 of the Federal Court Rules 2011; his subsequent written consent to the orders, after taking legal advice and more than a month after the mediation, indicated valid consent.

Court Disposition

Application dismissed

Orders

  • The applicant's application to set aside the orders made by consent on 29 July 2016 is dismissed.
  • The applicant is to pay the costs of the third respondent as agreed or assessed.