Recent Cases

Nguyen v Australian Financial Complaints Authority [2024] FCAFC 77 (13 June 2024) (Snaden, McElwaine and Meagher JJ)


ADMINISTRATIVE LAW – appeal from decision of single judge of the Federal Court of Australia – “death benefit” payable under superannuation policy – where deceased member declared in a text message to his sister that he intended to end his relationship – text sent only a short time before death – where superannuation trustee made determination not to pay benefit to the deceased member’s former partner on the grounds that he was not the member’s spouse at the time of death – where first respondent (AFCA) set aside determination on the grounds that it was not fair and reasonable – where primary judge set aside AFCA’s determination – whether text message sufficed to terminate the relationship – whether AFCA decision was open on the evidence or was a product of legal error – appeal allowed