Rowley v Chief of Army [2016] FCA 1209

FEDERAL COURT OF AUSTRALIA

Rowley v Chief of Army [2016] FCA 1209 File number: NSD 1532 of 2015

Judge: PERRY J

Date of judgment: 11 October 2016

Catchwords: PRACTICE AND PROCEDURE – interlocutory application seeking to vacate injunction restraining respondent from effecting dismissal or discharge of applicant from Australian Army – where basis on which injunction was sought has fallen away – application allowed.

Legislation: Defence Force Discipline Act 1982 (Cth) Federal Court Rules 2011 (Cth) Judiciary Act 1903 (Cth)

Cases cited: Mill v R (1988) 166 CLR 59

Date of hearing: 10 October 2016

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 25

Counsel for the Applicant: Mr B Levet

Solicitor for the Applicant: Kinghan & Associates

Counsel for the Respondent: Mr J Kirk SC and Ms S Callan

Solicitor for the Respondent: Australian Government Solicitor

ORDERS NSD 1532 of 2015

BETWEEN: SECOND LIEUTENANT PATRICK ANTHONY ROWLEY Applicant

AND: CHIEF OF ARMY Respondent

JUDGE: PERRY J DATE OF ORDER: 11 OCTOBER 2016

THE COURT ORDERS THAT:

1. Paragraph 1 of the orders made on 4 December 2015 restraining the respondent from effecting the dismissal or discharge of the applicant from the Australian Defence Force is vacated. 2. The applicant is to pay the respondent's costs of and incidental to the respondent's interlocutory application filed on 7 October 2016 as agreed or assessed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.