Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Stuart v Chief of the Army [1999] FCA 501 ADMINISTRATIVE LAW – judicial review – applicant discharged from the Australian Army – whether the respondent was estopped from applying administrative discharge after applicant convicted under military law – "res judicata" – whether decision to discharge vitiated by a policy which did not have regard to the circumstances of an individual case. WORDS AND PHRASES – res judicata – autrefois convict. Administrative Decision (Judicial Review) Act 1977 (Cth) Defence Force Discipline Act 1982 (Cth) Defence Act 1903 (Cth) Australian Military Regulations (Cth) R v Thomas [1951] 1 KB 26 Re: Tracey; Ex parte Ryan (1989) 166 CLR 518 Re: Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 634 Shand v Chief of the Army, Burchett J, 26 March 1998, unreported American Jurisprudence, 2nd ed. Vol. 53A at par 212; 57 CJS, par 135 Spencer Bower, Turner and Handley, The Doctrine of Res Judicata (3rd ed., K.R. Handley)
DIANA BETTINA STUART V CHIEF OF THE ARMY NG 1159 OF 1998 JUDGE: BEAUMONT J. DATE: 13 APRIL 1999 PLACE; SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 1159 OF 1998
BETWEEN: DIANA BETTINA STUART
Applicant
AND: CHIEF OF THE ARMY
Respondent
JUDGE: BEAUMONT J.
DATE OF ORDER: 13 APRIL 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: The application be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 1159 OF 1998
BETWEEN: DIANA BETTINA STUART
Applicant
AND: CHIEF OF THE ARMY
Respondent
JUDGE: BEAUMONT J.
DATE: 13 APRIL 1999
PLACE: SYDNEY
REASONS FOR JUDGMENT
BEAUMONT J:
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