Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Martincevic v Commonwealth of Australia [2007] FCAFC 164 ADMINISTRATIVE LAW – Termination of service in the Australian Defence Force – Judicial review of termination decision – Termination decision made without prior notice of refusal of extension of time to submit additional material in opposition – No breach of natural justice shown ADMINISTRATIVE LAW – Judicial review of termination decision – Relevant consideration – Failure to consider an investigator's report into soldier's service with battalion – Failure to comply with Defence Instructions – Investigator's report made after notice of proposed termination and before termination decision – Change in circumstances – Relevant consideration not so insignificant that could not have materially affected the termination decision Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 6 Judiciary Act 1903 (Cth) s 39B Federal Court of Australia Act 1976 (Cth) s 27 Defence Act 1903 (Cth)
Defence (Personnel) Regulations 2002 (Cth) reg 87 Federal Court Rules 1979 (Cth) O 52 r 37 Defence Instructions (Army) PERS 116-5 Defence Instructions (Army) PERS 124-29
CDJ v VAJ (1998) 197 CLR 172 cited VUAD of 2003 v Minister for Immigration & Multicultural Affairs [2004] FCAFC 186 cited Kioa v West (1985) 159 CLR 550 cited Commonwealth v Welsh (1947) 74 CLR 245 cited Marks v Commonwealth (1964) 111 CLR 549 cited Coutts v Commonwealth (1985) 157 CLR 91 cited Re Minister for Immigration and Multicultural Affairs; ex parte Lam (2003) 214 CLR 1 distinguished Attorney-General (NSW) v Quin (1990) 170 CLR 1 distinguished Minister for Immigration & Ethnic Affairs v Teoh (1994) 183 CLR 273 distinguished Australian Broadcasting Tribunal v Bond (1996) 170 CLR 321 cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 cited Bromet v Oddie [2002] FCA 1148 referred to Bromet v Oddie [2003] FCAFC 213 referred to ANTHONY MARTINCEVIC v COMMONWEALTH OF AUSTRALIA, CHIEF OF ARMY AND ANTHONY JOHN EGAN QUD 108 OF 2007
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate