Finch v Telstra Super Pty Ltd

Superannuation – Construction of superannuation trust deed - Applicant applied for total and permanent invalidity ("TPI") benefit under superannuation trust deed - Definition of TPI required continuous absence from "all active Work" for six months - Whether "all active Work" limited to work for employer responsible for superannuation fund ("Telstra") - Whether period of absence assessed at date applicant left Telstra or date of trustee's determination.

Trusts – Superannuation - Review of decisions of trustees of superannuation trusts - Trustee required to determine whether applicant was "unlikely ever to engage in any gainful Work" - Whether Karger v Paul [1984] VR 161 applies to superannuation trusts - Whether trustee's decision discretionary - Whether trustee gave genuine consideration to application - Whether trustee failed to comply with duties to make inquiries.

Practice and procedure – Whether Court should remit matter to trustee - Whether trustee incapable of forming opinion satisfactorily - Whether only one decision open.

Words and phrases – "all active work", "genuine consideration", "total and permanent invalidity".

Superannuation Industry (Supervision) Act 1993 (Cth) – ss 3, 52.

Superannuation (Resolution of Complaints) Act 1993 (Cth) – s 14.