Recent Cases

Tratter v Aware Super [2024] FCAFC 36 (19 March 2024) (O’Callaghan, Anderson and McElwaine JJ)


SUPERANNUATION — appeal under s 1057(1) of the Corporations Act 2001 (Cth) from determination of the Australian Financial Complaints Authority (AFCA) affirming a decision of the trustee of a superannuation fund in relation to the apportionment of a death benefit — where the trustee of the fund apportioned the death benefit 70% to the deceased member’s former spouse and 30% to the deceased member’s mother — whether AFCA made error of law in determining that the trustee’s determination was neither unfair nor unreasonable — no error of law established — appeal dismissed