Recent Cases

Riseley v Suncorp Portfolio Services Ltd [2022] FCAFC 8 (04 February 2022) (Banks-Smith, Stewart and Cheeseman JJ)


SUPERANNUATION – insurance – complaints under the Superannuation (Resolution of Complaints) Act 1993 (Cth) – judicial review of decision by the Superannuation Complaints Tribunal to deal with them as if they had been withdrawn because it thought that the complaints were “lacking in substance” – whether jurisdictional error or error of law by the Tribunal in concluding that a complaint that is unsupported by the evidence is “lacking in substance” – whether the Tribunal’s consideration of the evidence in support of the complaints amounted to a review of the complaints on their merits not permitted prior to conciliation – nature of the task of the Tribunal – no error