Telstra Super Pty Ltd v Finch

[2009] VSCA 318

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Superannuation
2. › Trust deed
3. › Total and permanent invalidity benefit
4. › Eligibility
5. › Construction of TPI definition
6. › Whether definition must be satisfied at date of cessation of employment
7. › Whether six-month absence requirement limited to absence from work with employer
1. Trusts
2. › Discretionary powers of trustees
3. › Superannuation fund trustee
4. › Good faith and genuine consideration
5. › Whether failure to make further inquiries constitutes failure to give real and genuine consideration
6. › Whether errors or omissions sufficiently extensive to found inference of lack of genuine consideration
1. Trusts
2. › Discretionary powers of trustees
3. › Judicial review of trustee's decision
4. › Standard of review
5. › Whether determination open to reasonable trustee on materials before it
6. › Whether reasons unsound

Quick Take

Where a superannuation trust deed requires continuous absence from 'active Work' for six months as part of a TPI definition, and the deed also requires the employer to require participation in a rehabilitation program, the reference to 'active Work' is to work at the employer, not work generally. The TPI definition must be satisfied at the date of cessation of employment. A trustee's failure to make all possible inquiries does not constitute a failure to give real and genuine consideration unless the gaps and errors in the trustee's information are sufficiently extensive to found an inference that the trustee was not in a position to give genuine consideration.