Evans v Superannuation Complaints Tribunal [2002] FCA 1449

Evans v Superannuation Complaints Tribunal [2002] FCA 1449

On its proper construction, the Superannuation Act 1976 (Cth) s 137 allows only one election for preservation of superannuation rights; the ameliorative power under s 157(1) to recognise a late election can be exercised only once for an election under s 137(1); subsequent applications are precluded, and the only available further review is by the Administrative Appeals Tribunal, not by lodging fresh applications for recognition of late election.

Parties
Applicant: Roger Keith Evans; First Respondent: Superannuation Complaints Tribunal; Second Respondent: CSS Board
Jurisdiction
Australia
Judgment Date
26 November 2002
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed with costs
Legal Topics
Late Election for Preservation of Superannuation Benefits, Jurisdiction of Superannuation Complaints Tribunal, Finality of Decisions and Functus Officio, Statutory Construction of Superannuation Act 1976 S 137 and S 157
Superannuation Administrative Law Late Election for Preservation of Superannuation Benefits Jurisdiction of Superannuation Complaints Tribunal Finality of Decisions and Functus Officio Statutory Construction of Superannuation Act 1976 S 137 and S 157

Case Brief

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Parties

Roger Keith Evans

Applicant

Superannuation Complaints Tribunal

First Respondent

CSS Board

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether more than one election may be made under Superannuation Act 1976 (Cth) s 137
  2. 2 Whether power to recognise late election under s 157 can be exercised more than once
  3. 3 Jurisdiction of the Superannuation Complaints Tribunal over pre-regulation decisions

Ratio Decidendi

On its proper construction, the Superannuation Act 1976 (Cth) s 137 allows only one election for preservation of superannuation rights; the ameliorative power under s 157(1) to recognise a late election can be exercised only once for an election under s 137(1); subsequent applications are precluded, and the only available further review is by the Administrative Appeals Tribunal, not by lodging fresh applications for recognition of late election.

Court Disposition

Application dismissed with costs

Orders

  • The application be dismissed
  • The applicant pay the costs of the second respondent