Doyle, Major John James Michael v Chief of the General Staff [1982] FCA 250

CATCHWORODS

Administrative Decisions (Judicial Review) Act 1977 - review of

decision dismissing complaint under Australian Military Regulations - Redress of Wrongs - finding of an error of law - whether effective

redress possible - exercise of discretion.

Administrative Decisions (Judicial Review) Act 1977 ss.5(1), 16(1)

@<es Act 1903 s.124

Australian Military Regulations 194, 765, 769

MAJOR JOHN JAMES MICHAEL DOYLE v THE CHIEF OF THE GENERAL STAFF

AND

IN THE MATTER of an application made pursuant to Secton 5(1) of the ADMINISTRATIVE DDCISIONS (JUDICIAL REVIEW) ACT 1977

@.... G.52 of 1981

Fisher J. Adelaide

5 November 1982

ry

es

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY No. G.52 of 1981

See ee

GENERAL DIVISION

BETWEEN:

MAJOR JOHN JAMES MICHAEL DOYLE

Applicant - and -

THE CHIEF OF THE GUNERAL STAFF

Respondent AND

IN THE MATTER of an application @. pursuant to Section 5(1) of the ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977

5 November 1982

REASONS FOR DECISION

FISHER J: This is the hearing of an application by Major John James Michael Doyle ("Major Doyle") pursuant to the provisions

of s.5(1) of the Administrative Decisions (Judicial Review) Act

1977 ("the Act"). He seeks a review of the decision dated @ February 1980 of the Chief of the General Staff ("the respondent") dismissing his complaint made pursuant to Regulation 194 of

the Australian Military Regulations. On 8 July 1982 I granted to Major Doyle an extension of time within which to make this application and there 1s no reason to repeat all of the backgroun: information which I set out in those reasons and expresslv incorporate into these reasons. In particular upon the basis of the authorities referred to in the earlier reasons I find that Major Doyle is a "person aggrieved" and thus entitled to make this

application.