Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McLeod-Dryden v Defence Honours and Awards Appeals Tribunal [2016] FCA 1138 Appeal from: McLeod-Dryden and the Department of Defence [2016] DHAAT 02
File number: VID 279 of 2016
Judge: TRACEY J
Date of judgment: 23 September 2016
Catchwords: ADMINISTRATIVE LAW – application for judicial review of a decision of the Defence Honours and Awards Appeals Tribunal affirming a decision that the applicant was not eligible for the Republic of Vietnam Campaign Medal ("RVCM") – whether the Tribunal erred by misconstruing and misapplying the eligibility criteria for the RVCM – whether the Tribunal erred by misconstruing and misapplying the concept of "direct combat support" – application dismissed
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Defence Act 1903 (Cth) Judiciary Act 1903 (Cth) Repatriation (Special Areas) Regulations (Cth) Repatriation (Special Overseas Service) Act 1962 (Cth)
Cases cited: Francis v Department of Defence [1995] AATA 708 – cited McLeod-Dryden and the Department of Defence [2016] DHAAT 02 – cited
Date of hearing: 15 August 2016
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 48
Counsel for the Applicant: Mr D McCredden (Pro bono)
Counsel for the Respondents: Mr R Knowles
Solicitor for the Respondents: Australian Government Solicitor
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