Federal Court Hearing: DFRDB Commutation – 11 May 2022

If you watched today’s (11th of May) hearing of Clinton McKenzie’s Federal Court matter, you should be proud of how he presented his (our) case.  His oral submission was well researched, polished and unemotional.

From the feedback I have seen so far, some found the ‘legal speak’ long-winded and irrelevant to the issue of ‘lifetime commutation repayments’.  But make no mistake, every part of Clinton’s written and oral submissions was relevant to our argument.  Unlike the barrister for the respondent (Commonwealth Superannuation Corporation), who appeared not to fully understand the issue at hand.

Justice Perry has ‘reserved’ her judgment, which means that she will go away and think about the issues for a while.  It is doubtful whether there will be a judgment within a few weeks and more likely that the finding will be handed down within a few months.

We will advise when that occurs, as it will also be a live streamed event.

Kind regards,

Herb Ellerbock