Wilkinson, Neil & Ors v Clerical Administrative & Related Employees Superannuation Pty Ltd & Ors [1998] FCA 51

Wilkinson, Neil & Ors v Clerical Administrative & Related Employees Superannuation Pty Ltd & Ors [1998] FCA 51

The Tribunal's jurisdiction under Superannuation (Resolution of Complaints) Act 1993 is limited to review of discretionary decisions of trustees and does not extend to non-discretionary decisions; therefore the Tribunal's determination was invalid to the extent it exercised judicial power on a non-discretionary issue.

Parties
Applicant: Neil Wilkinson; Applicant: Tony Tuohey; Applicant: Marita Wall; First Respondent: Clerical Administrative and Related Employees Superannuation Pty Ltd (as trustee of Clerical Administrative And Related Employees Superannuation Plan); Second Respondent: Life Reinsurance of Australasia Limited; Third Respondent: Daryl Bishop; Intervener: Attorney-General of the Commonwealth, intervening
Jurisdiction
Australia
Judgment Date
12 February 1998
Procedural Posture
Appeal / Appeal Decision
Outcome
Appeal allowed only to extent necessary to set aside the order remitting the matter to the Tribunal; otherwise appeal dismissed
Legal Topics
Judicial Power, Review of Trustee Decisions, Superannuation Complaints, Death Benefit Entitlement
Constitutional Law Superannuation Law Judicial Power Review of Trustee Decisions Superannuation Complaints Death Benefit Entitlement

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Parties

Neil Wilkinson

Applicant

Tony Tuohey

Applicant

Marita Wall

Applicant

Clerical Administrative and Related Employees Superannuation Pty Ltd (as trustee of Clerical Administrative And Related Employees Superannuation Plan)

First Respondent

Life Reinsurance of Australasia Limited

Second Respondent

Daryl Bishop

Third Respondent

Attorney-General of the Commonwealth, intervening

Intervener

Procedural Posture

Appeal / Appeal Decision

Legal Issues

  1. 1 Whether exercise of judicial power is conferred upon the Superannuation Complaints Tribunal
  2. 2 Whether Tribunal's jurisdiction under Superannuation (Resolution of Complaints) Act 1993 is limited to review of discretionary trustee decisions
  3. 3 Whether death benefit was payable under the Plan upon Mrs Bishop’s death

Ratio Decidendi

The Tribunal's jurisdiction under Superannuation (Resolution of Complaints) Act 1993 is limited to review of discretionary decisions of trustees and does not extend to non-discretionary decisions; therefore the Tribunal's determination was invalid to the extent it exercised judicial power on a non-discretionary issue.

Court Disposition

Appeal allowed only to extent necessary to set aside the order remitting the matter to the Tribunal; otherwise appeal dismissed

Orders

  • Appeal is allowed to the extent necessary to set aside Northrop J's order that the matter be remitted to the Superannuation Complaints Tribunal.
  • Otherwise the appeal is dismissed.