Archer v Comcare [2000] FCA 1296

Archer v Comcare [2000] FCA 1296

An incapacitated employee 'receives a lump sum benefit under a superannuation scheme' within s 21 when the benefit has been paid to him, or at his direction, or the trustee has otherwise dealt with the benefit with his consent, thereby discharging its obligation; here, Mr Archer received the benefit when the trustee paid the withdrawal benefit into the AMP fund to his account with his acceptance.

Parties
Applicant: Lawrence Archer; Respondent: Comcare
Jurisdiction
Australia
Judgment Date
14 September 2000
Procedural Posture
Workers' Compensation Appeal / On Appeal From Administrative Appeals Tribunal
Outcome
Appeal dismissed
Legal Topics
Entitlement to Compensation Under Safety, Rehabilitation and Compensation Act 1988 (cth), Reduction of Compensation Due to Superannuation Benefits, Interpretation of the Word 'receives'
Workers' Compensation Superannuation Law Entitlement to Compensation Under Safety, Rehabilitation and Compensation Act 1988 (cth) Reduction of Compensation Due to Superannuation Benefits Interpretation of the Word 'receives'

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Parties

Lawrence Archer

Applicant

Comcare

Respondent

Procedural Posture

Workers' Compensation Appeal / On Appeal From Administrative Appeals Tribunal

Legal Issues

  1. 1 In what circumstances does an employee 'receive a lump sum benefit under a superannuation scheme' for the purposes of s 21 of the Safety, Rehabilitation and Compensation Act 1988 (Cth)?

Ratio Decidendi

An incapacitated employee 'receives a lump sum benefit under a superannuation scheme' within s 21 when the benefit has been paid to him, or at his direction, or the trustee has otherwise dealt with the benefit with his consent, thereby discharging its obligation; here, Mr Archer received the benefit when the trustee paid the withdrawal benefit into the AMP fund to his account with his acceptance.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The applicant pay the respondent's costs of the appeal.