Recent Cases

QSuper Board v Australian Financial Complaints Authority Limited [2020] FCAFC 55 (09 April 2020) (Moshinsky, Bromwich and Derrington JJ)


CONSTITUTIONAL LAW – Judicial power of the Commonwealth – Australian Financial Complaints Authority (AFCA) given powers to determine superannuation complaints – AFCA determined that superannuation trustee’s decision not to refund money to member operated unreasonably or unfairly in its operation in relation to that member – decision alleged to be or to involve an impermissible exercise of judicial power because it was “in effect” a determination of existing rights of the parties in relation to the operation of s 1017B of the Corporations Act – AFCA’s determination did not involve any determination of rights under s 1017B – entitlement of non-judicial body to determine rights of parties as a step “along the way” to a non-judicial decision discussed – ability of non-judicial body to determine rights of parties where other aspects of judicial power not present – application dismissed