Laurence v Chief of Navy [2004] FCA 1535

FEDERAL COURT OF AUSTRALIA

Laurence v Chief of Navy [2004] FCA 1535

ADMINISTRATIVE LAW – Revocability of decision to grant an application by a serving member of the Defence Force to resign – Whether s 33(3) of the Acts Interpretation Act 1901 (Cth)(as applied to delegated legislation by s 46(1)(a) of that Act) enables revocation.

Acts Interpretation Act 1901 (Cth) ss 33(3), 46(1)(a) Defence (Personnel) Regulations 2002 (Cth) regs 95, 98 Heslehurst v Government of New Zealand 117 FCR 104 Re Brian Lawlor Automotive Pty Ltd and Collector of Customs (New South Wales) [1978] 1 ALD 167 PAUL ARTHUR WALLACE LAURENCE v CHIEF OF NAVY NSD 1665 of 2004 WILCOX J 19 NOVEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1665 of 2004

BETWEEN: PAUL ARTHUR WALLACE LAURENCE

APPLICANT

AND: CHIEF OF NAVY

RESPONDENT JUDGE: WILCOX J

DATE OF ORDER: 19 NOVEMBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The following separate question of law be answered in the negative: 'Whether, having regard to all relevant legislation, including relevant regulations, a delegate of the Chief of Navy has power to revoke a decision of another delegate to grant an application, by a serving member of the Defence Force, to resign from that Force'. 2. The further hearing of the matter be stood over in order to allow the parties time to consider the consequences of that answer. 3. The costs relating to the separate question be reserved. 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 NSD 1665 of 2004

BETWEEN: PAUL ARTHUR WALLACE LAURENCE

APPLICANT

AND: CHIEF OF NAVY

RESPONDENT

JUDGE: WILCOX J