John Toohey Chambers

Brendan Ashdown has today successfully applied for special leave to the High Court, appealing from Hill v Zuda Pty Ltd [2021] WASCA 59.

The issue is whether the requirements of regulation 6.17A of the Superannuation Industry (Supervision) Regulations 1994 apply to binding death benefit nominations in self-managed superannuation funds by reason of sections 31 and 55A of the Superannuation Industry (Supervision) Act 1993. Currently the cases that have considered the issue have found that because section 59 does not apply to self-managed superannuation funds the requirements of regulation 6.17A also do not apply.

The appeal will also give rise to a reconsideration of what is required for the application of the principle of comity between intermediate courts of appeal as previously considered in Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89.

Congratulations to Brendan. We look forward to what the High Court has to say!

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