Szuch v Australian Prudential Regulatory Authority [2018] FCA 405

Szuch v Australian Prudential Regulatory Authority [2018] FCA 405

The applicant's disqualification was no longer justified due to lack of evidence of deficiencies in character or conduct relevant to fitness and propriety, acknowledgment of prior mistakes, passage of time without further breaches, and APRA's lack of opposition, accompanied by the applicant's undertaking not to act as an actuary of a life insurance business regulated by APRA.

Jurisdiction
Australia
Judgment Date
20 March 2018
Procedural Posture
Application Under Life Insurance Act 1995 (cth) S 245 B(1)(b) / Final Judgment
Outcome
Application granted; applicant is not a disqualified person under s 245B(1)(b) of the Life Insurance Act 1995 (Cth).
Legal Topics
['disqualification of Actuaries' 'court Review of Regulatory Decisions' 'prudential Regulation of Life Insurance']
['insurance Law' 'administrative Law' 'regulatory Law'] ['disqualification of Actuaries' 'court Review of Regulatory Decisions' 'prudential Regulation of Life Insurance']

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Procedural Posture

Application Under Life Insurance Act 1995 (cth) S 245 B(1)(b) / Final Judgment

Legal Issues

  1. 1 ['Whether applicant is a disqualified person under s 245B(1)(b) of the Life Insurance Act 1995 (Cth)' 'Whether disqualification of applicant continues to be justified']

Ratio Decidendi

The applicant's disqualification was no longer justified due to lack of evidence of deficiencies in character or conduct relevant to fitness and propriety, acknowledgment of prior mistakes, passage of time without further breaches, and APRA's lack of opposition, accompanied by the applicant's undertaking not to act as an actuary of a life insurance business regulated by APRA.

Court Disposition

Application granted; applicant is not a disqualified person under s 245B(1)(b) of the Life Insurance Act 1995 (Cth).

Orders

  • ['Pursuant to paragraph 245B(1)(b) of the Life Insurance Act 1995 (Cth), the applicant is not a disqualified person.' 'Applicant undertakes not to seek to be, purport to be, hold himself out to be, or be appointed actuary of a life insurance business regulated by APRA.' 'No order as to costs.']