When Chloe’s de facto partner died, his family tried to claim his benefit. We won 3 court cases in our battle to get Chloe what was rightfully hers.

When Chloe’s de facto partner died, his family tried to claim his benefit. We won 3 court cases in our battle to get Chloe what was rightfully hers.

Chloe

When Chloe’s de facto partner died, he was only in his 30s. While he had no assets, he did have a large life insurance benefit. Unfortunately, his family disputed Chloe’s entitlement to the benefit.

Our initial case was successful, and the superannuation fund paid Chloe 100% of the benefit. Displeased with the result, the family appealed the super fund’s decision to the ombudsman (the Australian Financial Complaint Authority). Once again, we successfully argued Chloe’s case. The tribunal confirmed the super fund’s determination.

The family then applied to the Federal Court of Australia (AFCA), citing an error in the super fund’s decision-making process.

Given the large benefit amount, the case before the AFCA required careful preparation. We briefed one of the most senior barristers in Australia to appear on our client’s behalf. The case was argued in court for two days. In the end, the AFCA decided in Chloe’s favour, once again awarding her 100% of the benefit.

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