Defence Force Retirement & Death Benefits Authority v Chapman [2000] FCA 1804

FEDERAL COURT OF AUSTRALIA

Defence Force Retirement & Death Benefits Authority v Chapman

[2000] FCA 1804 ADMINISTRATIVE LAW – appeal from decision of Administrative Appeals Tribunal – whether respondent excluded from contributing to Defence Force Retirement and Death Benefits Scheme – whether Tribunal erred in interpretation and application of ss 5 and 5A of the Defence Force Retirement and Death Benefits Act 1973 (Cth) – whether decision of the appellant should be affirmed. Defence Force Retirement and Death Benefits Act 1973 (Cth) ss 3(1), 5(2), 5(3), 5A Defence Act 1903 (Cth) ss 4, 32 Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (Cth) (1981) 147 CLR 297 at 336 referred to Marshall v Watson (1972) 124 CLR 640 at 649 referred to CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 referred Commonwealth v Baume (1905) 2 CLR 405 at 414 referred to Beckwith v The Queen (1976) 135 CLR 569 at 574 referred to DEFENCE FORCE RETIREMENT AND DEATH BENEFITS AUTHORITY v PHILLIP GEORGE CHAPMAN V 466 of 1999 WEINBERG J 12 DECEMBER 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V466 of 1999

BETWEEN: DEFENCE FORCE RETIREMENT AND DEATH BENEFITS AUTHORITY

APPLICANT

AND: PHILLIP GEORGE CHAPMAN

RESPONDENT

JUDGE: WEINBERG J

DATE OF ORDER: 12 DECEMBER 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The decision of the Authority that: · Major Chapman did not become an "eligible member of the Defence Force" within s 3(1) of the Defence Force Retirement and Death Benefits Act 1973 (Cth) when he transferred from the Australian Army Reserve to the Australian Regular Army on 2 December 1996; and · that he was required to contribute to the Military Superannuation and Benefits Scheme, be affirmed. 3. There be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.