Finch v Telstra Super Pty Ltd
| Jurisdiction | Australia Federal only |
| Judge | French CJ,Gummow,Heydon,Crennan,Bell JJ. |
| Judgment Date | 20 October 2010 |
| Neutral Citation | 2010-1020 HCA C,[2010] HCA 36 |
| Docket Number | M5/2010 |
| Court | High Court |
| Date | 20 October 2010 |
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35 cases
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Amaca Pty Ltd v Latz, Latz v Amaca Pty Ltd
...197 CLR 138 at 147 [18]; [1999] HCA 47. 118 (1981) 150 CLR 402 at 428. 119 Finch v Telstra Super Pty Ltd (2010) 242 CLR 254 at 271 [33]; [2010] HCA 36. See, eg, Australian Law Reform Commission, Elder Abuse – A National Legal Response: Final Report, Report No 131, (2017) at 231 120 See, eg,......
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3 firm's commentaries
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Superannuation trustees' proactive duty to investigate TPD claims
...such further materials as is necessary to establish their entitlement to a TPD benefit. Footnotes 11[2011] VCC 1229. 2[2011] VCC 673. 3[2010] HCA 36; (2010) 242 CLR 4At [16] 5At [20]. 6At [35]. 7At [39], emphasis added. 8At [53]. 9At [54]. 10At [55]. 11At [56] and [59]. 12At [57]. 13[58], e......
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Superannuation & Funds Management - What's News - 16 October 2012
...to obtain sufficient information to make properly informed decision – Review of decision made by trustee – Finch v Telstra Super Pty Ltd [2010] HCA 36; (2010). Fraser and Commissioner of Taxation [2012] AATA 655 SUPERANNUATION – whether payment of superannuation contribution by Applicant de......
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Claims Practices In Life Insurance Under Review
...by the common law over the past six years through a series of consumer-favourable court decisions starting with Finch v Telstra Super [2010] HCA 36. Along the judicial reform journey, trial and appeal courts have openly criticised the use of subjective tests in life insurance policies as be......
3 books & journal articles
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The Pension Trust: Fit For Purpose?
...945 at [56]; WilkinsonvCARE (1998) 152 ALR 332, 346; Parkes Management n 113 above, 311 per Hope JA.119 Finch vTe l s t ra S u p e r [2010] HCA 36.120 ibid at [36], then [64].121 ibid at [36]. Interestingly, precisely this approach had been proposed shortly before the appeal tothe High Cour......
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Editor's Note
...fund that is constituted as a trust consistent with the requirements of the SISA." Id.91. See, Finch v. Telstra Super Pty Ltd [2010] HCA 36 at ¶ 66 (Oct. 20, 2010).92. Id. at ¶ 61.93. Australian Tax Office, Income Tax: Meaning of "Australian Superannuation Fund" in Subsection 295-95 of the ......
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The United State Income Tax Treatment of Australian Superannuation Funds Owned by U.s. Persons (part 1 of 2)
...fund that is constituted as a trust consistent with the requirements of the SISA." Id.92. See Finch v. Telstra Super Pty Ltd [2010] HCA 36 at ¶ 66 (Oct. 20, 2010).93. Id. at ¶ 61.94. Australian Tax Office, Income Tax: Meaning of "Australian Superannuation Fund" in Subsection 295-95 of the I......