ADMINISTRATIVE LAW - appeal from decision of single judge of the Federal Court of Australia - "death benefit" payable under superannuation policy - where deceased member declared in a text message to his sister that he intended to end his relationship - text sent only a short time before death - where superannuation trustee made determination not to pay benefit to the deceased member's former partner on the grounds that he was not the member's spouse at the time of death - where first respondent (AFCA) set aside determination on the grounds that it was not fair and reasonable - where primary judge set aside AFCA's determination - whether text message sufficed to terminate the relationship - whether AFCA decision was open on the evidence or was a product of legal error - appeal allowed
↧