Can I get relief from the court if I think I might face legal action over my role in a super fund?

In Plain English

Yes, if you believe you might face legal action related to your role in a superannuation fund, you can apply to the court for relief. According to the Superannuation Industry (Supervision) Act 1993, the court can grant relief if it believes you acted honestly and that you should be excused, considering all the circumstances. If the case involves a jury, the judge can even withdraw the case from the jury and direct a judgment in your favor.

Detailed Explanation

Section 221 of the Superannuation Industry (Supervision) Act 1993 outlines the provisions for relief from liability. Specifically:

• Application for Relief: If a person believes that eligible proceedings will or may be initiated against them, they can apply to the Court for relief (s221(3)).
• Court's Power to Grant Relief: On such an application, the Court may grant relief as if the eligible proceedings had already begun in the Court (s221(4)).
• Jury Cases: In cases tried by a judge with a jury, the relief that may be granted includes withdrawing the case from the jury and directing judgment to be entered for the defendant, with appropriate terms as to costs (s221(5)).

The legislation does not specify the criteria the court uses to determine whether to grant relief in this section.