Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bromet v Oddie [2003] FCAFC 213 DEFENCE AND WAR – Defence forces – power to suspend Air Force officer from flying duties – express power in Defence Instructions – suspension not justified by those Instructions – whether justified by general power of command – whether purposive or temporal limits on power of suspension if otherwise authorised by power of command. DEFENCE AND WAR – Defence forces – RAAF failure to comply with Defence Instructions – effect on validity of subsequent decision to deem an officer "unsuitable" – requirement to provide a psychologist's report – whether an indispensable requirement or merely an administrative procedure.
Project Blue Sky Inc & Ors v Australian Broadcasting Authority (1998) 194 CLR 355 cited Shelton v Repatriation Commission (1999) 85 FCR 587 cited
Defence Act 1903 (Cth) ss 8, 9, 9A, 9A(2) Defence Force Discipline Act 1982 (Cth) ss 3(1), 29(1) Federal Court of Australia Act 1976 (Cth) s 43
Federal Court Rules O 23 r 11, O 23 r 11(5), O 23 r 11(6) FLIGHT LIEUTENANT MARCUS ROBERT DAVID BROMET v GROUP CAPTAIN STEPHEN JOHN ODDIE, WING COMMANDER DIANE JENSEN, AIR MARSHAL ALLAN GRANT HOUSTON AND GROUP CAPTAIN I J MEYN in his capacity as Director of Personnel Officers – Air Force A 48 of 2002 GROUP CAPTAIN STEPHEN JOHN ODDIE, WING COMMANDER DIANE JENSEN, AIR MARSHAL ALLAN GRANT HOUSTON AND GROUP CAPTAIN I J MEYN in his capacity as Director of Personnel Officers – Air Force v FLIGHT LIEUTENANT MARCUS ROBERT DAVID BROMET A 3 of 2003 SPENDER, MADGWICK & DOWSETT JJ 29 AUGUST 2003 SYDNEY (HEARD IN CANBERRA)
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A 48 of 2002
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: FLIGHT LIEUTENANT MARCUS ROBERT DAVID BROMET
APPELLANT
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