Recent Cases

MetLife Insurance Limited v Australian Financial Complaints Authority Limited [2022] FCAFC 173 (27 October 2022) (Middleton, Jackson and Halley JJ)


SUPERANNUATION – appeal from decision of primary judge, where primary judge decided that respondent (AFCA) has authority to determine complaint relating to superannuation that falls outside ambit of sub-ss 1053(1)(a)-(j) of the Corporations Act 2001 (Cth) – principles of statutory construction – textual analysis of s 1053(1) – statutory context – extrinsic materials considered – where AFCA did not have authority to determine complaint relating to superannuation falling outside sub-ss 1053(1)(a)-(j) – notice of contention that complaint by second respondent not a complaint relating to superannuation – where contractual provisions in AFCA Rules cannot consensually be expanded beyond statutorily defined limits – where no ad hoc agreement between parties that determination of the Superannuation Complaint should proceed independently of AFCA Scheme – notice of contention dismissed – appeal allowed