MetLife Insurance Limited v Australian Financial Complaints Authority Limited [2022] FCAFC 173

MetLife Insurance Limited v Australian Financial Complaints Authority Limited [2022] FCAFC 173

AFCA does not have authority to determine a 'complaint relating to superannuation' under the AFCA Scheme unless the complaint falls within sub-ss 1053(1)(a)-(j) of the Corporations Act 2001 (Cth); contractual provisions in AFCA Rules cannot expand jurisdiction beyond statutory limits; there was no ad hoc agreement permitting AFCA to determine the complaint independently of the AFCA Scheme.

Parties
Appellant: MetLife Insurance Limited; First Respondent: Australian Financial Complaints Authority Limited; Second Respondent: Brian Ronald Edgecombe
Jurisdiction
Australia
Judgment Date
27 October 2022
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed; amended notice of contention dismissed
Legal Topics
Statutory Interpretation, AFCA Jurisdiction, Superannuation Complaints, Contractual Scope of AFCA Rules
Superannuation Commercial and Corporations Statutory Interpretation AFCA Jurisdiction Superannuation Complaints Contractual Scope of AFCA Rules

Case Brief

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Parties

MetLife Insurance Limited

Appellant

Australian Financial Complaints Authority Limited

First Respondent

Brian Ronald Edgecombe

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether AFCA has authority under s 1053(1) of the Corporations Act 2001 (Cth) to determine complaints relating to superannuation outside sub-ss 1053(1)(a)-(j)
  2. 2 Whether contractual provisions in AFCA Rules can expand jurisdiction beyond statutory limits
  3. 3 Whether an ad hoc agreement existed permitting AFCA to determine the complaint independently

Ratio Decidendi

AFCA does not have authority to determine a 'complaint relating to superannuation' under the AFCA Scheme unless the complaint falls within sub-ss 1053(1)(a)-(j) of the Corporations Act 2001 (Cth); contractual provisions in AFCA Rules cannot expand jurisdiction beyond statutory limits; there was no ad hoc agreement permitting AFCA to determine the complaint independently of the AFCA Scheme.

Court Disposition

Appeal allowed; amended notice of contention dismissed

Orders

  • Within fourteen (14) days parties to file agreed form of orders, or failing agreement, submissions as to form of appropriate orders reflecting reasons of the Court.
  • Subject to further directions, final orders of the Court to be made on the papers.