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Australia decisions
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Historical sexual abuse claim partly proved. The Court found some abuse on Council grounds, awarded compensatory and aggravated damages, and entered judgment for $461,046.02.
Employer negligence claim over a steel-beam crush injury succeeded. The Court found a breach of duty, no contributory negligence, and awarded $1,030,742.67.
Australian Securities and Investments Commission v AustralianSuper Pty Ltd [2025] FCA 102
The Federal Court found AustralianSuper breached superannuation and financial services laws by failing to identify and merge duplicate accounts and to remediate affected members.
State Wage Case 2024 (No 3) [2024] NSWIRComm 19
The Commission retained and renamed the wage-fixing framework as Award Making Principles, revised several principles, and directed submissions on the draft text.
Brady v NULIS Nominees (Australia) Limited in its capacity as trustee of the MLC Super Fund (No 4) [2024] FCA 1374
The Federal Court considered whether NULIS could charge fees that helped fund commissions after a successor fund transfer, and whether that conduct breached trust, SIS Act or Corporations Act duties.
Australian Securities and Investments Commission v Retail Employees Superannuation Pty Ltd [2024] FCA 1081
The Federal Court dismissed ASIC’s claim against REST over rollover practices and member representations concerning superannuation transfers and minimum balance requirements.
Munich Reinsurance Company of Australasia Limited v AMP Limited [2024] NSWSC 950
The Court struck out pleaded claims under s 55(3) of the SIS Act for want of a pleaded causal link between the alleged covenant breaches and the claimed losses.
Australian Securities and Investments Commission v Mercer Superannuation (Australia) Limited [2024] FCA 850
Mercer admitted it misled consumers about Sustainable Plus superannuation options excluding alcohol, gambling and fossil fuel investments. The Federal Court imposed $11.3 million in penalties.
Local Government Engineers’ Association of New South Wales v MidCoast Council (No 3) [2024] NSWIRComm 1046
The Commission made an award dealing with superannuation absorbability for a limited group of MidCoast Council employees, directing the parties to consult on its terms.
Nguyen v Australian Financial Complaints Authority [2024] FCAFC 77
Full Court appeal about a superannuation death benefit turned on whether a text message and later suicide ended a de facto relationship before death.
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