Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fulton v Chief of the Defence Force [2017] FCA 913 File number: QUD 319 of 2017
Judge: LOGAN J
Date of judgment: 10 August 2017
Catchwords: DEFENCE AND WAR – defence members – defence force personnel – termination of service – redress of grievance complaint in respect of termination of service in Australian Defence Force – power exercised by commanding officer – Defence Regulation 2016 (Cth), regs 24, 42, 43, 45 ADMINISTRATIVE LAW – Chief of the Defence Force – review of termination decision – review of redress of grievance decision – redress of grievance complaint in respect of termination of service in the Australian Defence Force – whether procedural unfairness where applicant not given opportunity to be reheard in investigation conducted on the papers – whether procedural unfairness where applicant denied access to personal documents work account – consideration relevant to judicial review of decision based on opinion as to suitability to continue as a member of the Australian Defence Force
Legislation: Federal Court Rules 2011 (Cth) r 39.11 Defence Regulation 2016 (Cth) regs 24, 42, 43, 45 Army Act 1881 (UK) s 42
Cases cited: Chief of Defence Force v Gaynor (2017) 246 FCR 298 Gill v Minister for Immigration and Border Protection [2017] FCAFC 51 Millar v Bornholt (2009) 177 FCR 67 R v Army Council; Ex parte Ravenscroft [1917] 2 KB 504
Date of hearing: Heard on the papers
Date of last submissions: 28 July 2017
Registry: Queensland
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