Gaynor v Chief of the Defence Force [2014] FCA 742

FEDERAL COURT OF AUSTRALIA

Gaynor v Chief of the Defence Force [2014] FCA 742 Citation: Gaynor v Chief of the Defence Force [2014] FCA 742

Parties: BERNARD GAYNOR v CHIEF OF THE DEFENCE FORCE

File number(s): NSD 692 of 2014

Judge(s): BUCHANAN J

Date of judgment: 11 July 2014

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 16 (1)(a), 16(1)(c) Defence (Personnel) Regulations 2002 (Cth), reg 85 Federal Court Rules 2011 (Cth), r 7.01

Date of hearing: 11 July 2014

Place: Sydney

Division: GENERAL DIVISION Category: No Catchwords

Number of paragraphs: 15

Solicitor for the Prospective Applicant: Mr R Balzola, Robert Balzola and Associates (Legal)

Solicitor for the Prospective Respondent: No appearance

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 692 of 2014

BETWEEN: BERNARD GAYNOR

Prospective Applicant

AND: CHIEF OF THE DEFENCE FORCE

Prospective Respondent

JUDGE: BUCHANAN J DATE OF ORDER: 11 JULY 2014 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application filed on 11 July 2014 be dismissed.

THE COURT DIRECTS THAT:

1. The applicant file and serve an application and statement of claim in accordance with the Federal Court Rules within 14 days. 2. The matter proceed thereafter on the pleadings. 3. The matter be listed for directions before Foster J on a date to be fixed after discussion with the Associate to Foster J. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.