Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dinnison v Commonwealth [2002] FCA 1630
BARRIE CHARLES DINNISON v COMMONWEALTH OF AUSTRALIA NG 572 of 1991 WHITLAM J 24 DECEMBER 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 572 of 1991
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
BETWEEN: BARRIE CHARLES DINNISON
APPLICANT
AND: COMMONWEALTH OF AUSTRALIA
RESPONDENT
JUDGE: WHITLAM J
DATE OF ORDER: 24 DECEMBER 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Judgment be entered for the respondent 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 572 of 1991
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
BETWEEN: BARRIE CHARLES DINNISON
APPLICANT
AND: COMMONWEALTH OF AUSTRALIA
RESPONDENT
JUDGE: WHITLAM J
DATE: 24 DECEMBER 2002
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an action in negligence against the Commonwealth of Australia ("the Commonwealth"). It relates to the service of the applicant, Barrie Charles Dinnison, in the Royal Australian Air Force ("the RAAF") forty-five years ago. Mr Dinnison claims to have suffered psychiatric injury as a result of breach of the duty of care owed to him by the Commonwealth. The service in question took place at Maralinga in South Australia. Maralinga - Background 2 In the 1950s the Government of the United Kingdom conducted a number of atomic bomb tests in Australia. The first, codenamed Operation Hurricane, took place in 1952 on the Monte Bello Islands off the coast of Western Australia. In 1953 further tests, codenamed Operation Totem, were conducted at an area known as Emu Field in the Great Victoria Desert of South Australia. During preparations for those tests officials identified an area to the south-west as a suitable site for a permanent proving ground for atomic weapons. The area was situated on the edge of the Great Victoria Desert north of the Nullarbor Plain. The Watson rail siding on the Trans-Australian Railway line lay to the south. In 1954 the Australian Government agreed to make this area, which became known as Maralinga, available to the United Kingdom for atomic weapons tests. 3 The establishment of the permanent proving ground at Maralinga was announced in 1955, and planning and construction commenced for a series of atomic bomb explosions to be held there codenamed Operation Buffalo. Whilst that work was under way, certain "minor" trials were carried out at Maralinga in mid-1955 and in March 1956. These were part of trials codenamed Kittens and Tims designed to gain information about various components of an atomic weapon. 4 The Operation Buffalo series of explosions involved four rounds. Round 1 was a tower burst at a site named One Tree fired on 27 September 1956; round 2 was a ground burst at a site named Marcoo fired on 4 October 1956; round 3 was an air drop at a site named Kite fired on 11 October 1956; and round 4 was a tower burst at a site named Breakaway fired on 22 October 1956. 5 Mr Dinnison was stationed at Maralinga from 18 February 1957 until 12 November 1957. During that time a further series of atomic bomb explosions codenamed Operation Antler took place. This series involved three rounds. Round 1 was a tower burst at a site named Tadje fired on 14 September 1957; round 2 was a tower burst at a site named Biak fired on 25 September 1957; and round 3 was a balloon burst at a site named Taranaki fired on 9 October 1957.
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