Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Defence Force Retirement and Death Benefits Authority v Mathews [2011] FCA 160 Citation: Defence Force Retirement and Death Benefits Authority v Mathews [2011] FCA 160
Appeal from: Mathews v Defence Force Retirement and Death Benefits Authority [2010] AATA 548
Parties: DEFENCE FORCE RETIREMENT AND DEATH BENEFITS AUTHORITY v NICHOLAS MATHEWS
File number: NSD 1084 of 2010
Judge: MOORE J
Date of judgment: 2 March 2011
Catchwords: ADMINISTRATIVE LAW – Retirement schemes – whether member of Defence Force remained an eligible member of the Defence Force Retirement and Death Benefits Scheme – meaning of "valid election" for the purposes of s 61B(3) of the Defence Force Retirement and Death Benefits Act 1973 (Cth) - whether respondent a member of the Military Superannuation Benefits Scheme and disentitled to retirement pay otherwise payable.
Legislation: Defence Force Retirement and Death Benefits Act 1973 (Cth) ss 3, 5, 5A, 17, 23, 61B Military Superannuation and Benefits Act 1991 (Cth) s 6 Naval Defence Act 1910 (Cth) s 32A
Cases cited: Chapman v Defence Force Retirement and Death Benefits Authority (2001) 108 FCR 537 Defence Force Retirement and Death Benefits Authority v Chapman (2001) 63 ALD 351 Defence Force Retirement and Death Benefits Authority v Gregory (2009) 179 FCR 535
Date of hearing: 9 December 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 43
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