Superannuation Appeal:

The Australian Superannuation Industry is an enormous industry with many providers, consumers and stakeholders. For most Australians, superannuation is a flexible, effective wealth accumulation and investment vehicle which constitutes a large proportion of their net wealth. However, complaints and disputes may arise between superannuation providers and consumers that need to be resolved and dealt with.  Specialised and tailored advice and assistance from one of our Superannuation Lawyers can be immensely useful in assisting you with any superannuation disputes.

The first step in resolving superannuation disputes is for parties to attempt conciliation. conciliation is an alternative dispute resolution (ADR) process whereby the parties to a dispute use a conciliator, who meets with the parties separately in an attempt to resolve their differences.  It is conducted informally, and evidence and reports may be provided, parties explore potential solutions and attempt negotiations to settle the dispute. Should this not resolve the dispute a number of other avenues are then available.

The second step is to approach the Superannuation Complaints Tribunal. This is means a Tribunal panel will meet to determine the outcome of the complaint. The panel will consist of three members (unless the amount in dispute is less than $10,000, in which case the panel will consist of a single member). The review process is conducted formally, with each party having an opportunity to provide written submissions for consideration by the Tribunal members, each parties having a chance to respond or comment on the submission and the tribunal making a determination in writing within a relatively short period of time. Obtaining sound legal advice from a qualified Superannuation Lawyer is important to ensure that you have the best opportunity to succeed in resolving superannuation disputes in a manner most favourable to you.

In addition, a person can approach the Administrative Appeals Tribunal (AAT) should they be dissatisfied with a decision made by a tribunal. The AAT is not bound by technicalities, legal forms or rules of evidence. It must act as speedily as a proper consideration of the matter allows, having regard to its objectives of providing a fair, economical, informal and quick mechanism for the resolution of complaints and the interests of all the members of the fund to which the complaint relates. The Tribunal may inform itself of any matter relevant to the review in any way it thinks appropriate. For the purpose of the review, the Tribunal has all the powers, obligations and discretions conferred on the trustee, insurer, RSA provider or other decision-maker whose decision or conduct is being reviewed.

On reviewing a decision of a trustee, insurer or other decision-maker, the Tribunal must make a determination in writing: affirming the decision — if satisfied that the relevant decision was fair and reasonable in its operation in relation to the complainant, remitting the matter for reconsideration in accordance with the Tribunal’s directions, varying the decision, or setting the decision aside and substituting another decision. The Tribunal may only exercise this determination-making power for the purpose of placing the complainant as nearly as practicable in a position where the unfairness or unreasonableness is overcome. The Tribunal must give a copy of its determination and its reasons to each party. Where relevant, the Tribunal may direct the trustee, insurer, RSA provider or other decision-maker to inform members, beneficiaries, RSA holders or parties to a contract of insurance (as appropriate) of the determination. A party to a complaint has a right of appeal from a determination of the Tribunal on a question of law. A person can appeal to the Federal Court on a question of law from a Tribunal determination. Proper legal advice from a skilled Superannuation and Taxation Lawyer may be immensely useful in this regard. Sound financial advice may also greatly assist you in choosing achieving an outcome that is most beneficial and suitable to your needs.

If you need further legal advice on your matter, you may book an appointment with us by telephone on (02) 9233 4048 or by email to info@navado.com.au. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.