Commonwealth of Australia v Cornwell

Limitation of actions – Negligence - Meaning of "first accrues" in s 11(1) of the Limitation Act 1985 (ACT) - The respondent was negligently advised in 1965 that he was ineligible for acceptance as a member of the fund established pursuant to the Superannuation Act 1922 (Cth) - The respondent did not institute proceedings against the appellant until 1999 - Whether the respondent's cause of action first accrued upon his retirement in 1994, or at some earlier time - Whether the respondent's cause of action was statute-barred.

Limitation of actions – Concealed fraud - Whether a consideration of s 33 of the Limitation Act 1985 (ACT) is required to resolve the respondent's case.

Negligence – Cause of action - Whether the respondent's cause of action accrued upon his retirement in 1994, or at some earlier time.

Negligence – Damage - Economic loss - Contingent loss - Superannuation entitlements - Statutory contingencies - Whether the respondent suffered damage when his superannuation entitlements accrued upon his retirement in 1994, or at some earlier time.

Superannuation – Defined benefits schemes - Statutory contingencies for the accrual of entitlements - Whether the respondent suffered any damage until the statutory contingencies contained in the Superannuation Act 1990 (Cth) were enlivened upon his retirement in 1994.

Superannuation – Membership - Transition between fund established pursuant to the Superannuation Act 1922 (Cth) and that established pursuant to the Superannuation Act 1976 (Cth) - Whether the respondent suffered loss in 1987 when he joined the fund established pursuant to the 1976 Act - Whether the respondent suffered loss when the 1976 Act commenced.

Words and phrases – "damage", "deliberately concealed", "entitlement", "first accrues".

Limitation Act 1985 (ACT) – ss 11, 33.

Superannuation Act 1922 (Cth) – ss 4, 19, 20, 43, 45-48, 51.

Superannuation Act 1976 (Cth) – ss 3, 11, 45, 55, 56, 58, 63, 64, 66, 80, 183.

Superannuation Act 1990 (Cth) – Sched Pt 4.