Edward John Lawler v The Minister of Defence for the Commonwealth of Australia & anor [1984] FCA 375

CATCHWORDS

Review of decision to discharge airman from Royal Australian

Air Force - considerations for decision-maker not specified.

ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977

AIR FORCE ACT 1939

AIR FORCE REGULATIONS consolidated 1966

N.S.W. G.143 of 1984

EDWARD JOHN CAWLER v. THE MINISTER OF DEFENCE FOR THE COMMONWEALTH OF AUSTRALIA & ANOR.

St. gohn, J. 15 November 1984

Svdney

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION

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DATE: PLACE:

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BETWEEN

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ORDERS

ST. JOHN, J.

15 NOVEMBER 1984 SYDNEY

THE COURT ORDERS THAT:

2.

The application is dismissed.

No order as to costs.

No. 143 of 1984

EDWARD JOHN LAWLER Applicant

THE MINISTER OF DEFENCE FOR_THE COMMONWEALTH OF

AUSTRALIA

First Respondent THE COMMANDING OFFICER OF THE ROYAL AUSTRALIAN AIR FORCE

Second Respondent

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. 143 of 1984

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GENERAL DIVISION BETWEEN : D JOHN LAWLER Applicant AND: THE MINISTER OF DEFENCE FOR THE COMMONWEALTH OF AUSTRALIA First Respondent AND: THE COMMANDING OFFICER OF THE ROYAL AUSTRALIAN AIR FORCE Second Respondent EXTEMPORE REASONS FOR JUDGMENT CORAM: ST. JOHN, J. DATE: 15 NOVEMBER 1984 PLACE: SYDNEY

This is an application by Edward John Lawler, formerly an airman inthe Royal Australian Air Force, for

review of a decision pursuant to the Administrative Decisions (Judicial Review) Act 1977, the decision in question being one

in which he was discharged from that Force. The grounds of

2.

the application which were pursued were that there was a breach of the rules of natural justice in connection with the making of the decision, that the decision was not authorized by the enactment in pursuance of which it was purported to be

made, and that the making of the decision was an improper

exercise of the power conferred by the enactment in pursuance