Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chapman v Defence Force Retirement & Death Benefits Authority
[2001] FCA 594
DEFENCE AND WAR – error of law – eligibility of member of Australian Regular Army to qualify for benefits under Defence Force Retirement and Death Benefits Act 1973 (Cth) – where member of Active Australian Army Reserve on and from 1 October 1991 and transferred to Australian Regular Army in December 1996 – where exclusions under s 5A(2) of the Defence Force Retirement and Death Benefits Act 1973 not available to member in the circumstances – member only eligible for benefits under the Military Superannuation and Benefits Act 1991 (Cth)
Defence Force Retirement and Death Benefits Act 1973 (Cth) ss 3(1), 5, 5A(1)(a) and (b), 5A(2) Defence Act 1903 (Cth) ss 4, 30, 31, 32(1), 32(2), 32A(1), 32A(4), 50(3), 50D, 50E, 50F Military Superannuation & Benefits Act 1991 (Cth) s 55
PHILLIP GEORGE CHAPMAN v DEFENCE FORCE RETIREMENT AND DEATH BENEFITS AUTHORITY V 84 OF 2001 WILCOX, WHITLAM and GYLES JJ MELBOURNE (via video link to Sydney) 25 MAY 2001
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 84 of 2001
BETWEEN: PHILLIP GEORGE CHAPMAN
APPELLANT
AND: DEFENCE FORCE RETIREMENT AND DEATH BENEFITS AUTHORITY
RESPONDENT
JUDGE: WILCOX, WHITLAM and GYLES JJ
DATE OF ORDER: 25 MAY 2001
WHERE MADE: MELBOURNE (via video link to Sydney)
THE COURT ORDERS THAT: 1. The appeal be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 84 of 2001
BETWEEN: PHILLIP GEORGE CHAPMAN
APPELLANT
AND: DEFENCE FORCE RETIREMENT AND DEATH BENEFITS AUTHORITY
RESPONDENT
JUDGE: WILCOX, WHITLAM and GYLES JJ
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