Bonser v Commonwealth Superannuation Corporation [2021] FCA 847

Federal Court of Australia

Bonser v Commonwealth Superannuation Corporation [2021] FCA 847 File number: QUD 16 of 2021

Judgment of: LOGAN J

Date of judgment: 28 July 2021

Catchwords: ADMINISTRATIVE LAW – application for judicial review of a decision of the Commonwealth Superannuation Corporation (CSC) – invalidity classification – where parties have jointly promoted that the Court make a declaration that the decision of the CSC was invalid and of no effect – where grant of relief requires the exercise of judicial discretion – where evidence supports the joint submissions – orders made in terms sought DEFENCE AND WAR – military superannuation and invalidity benefits – Military Superannuation and Benefits Act 1991 (Cth) – application for judicial review of a decision of the Commonwealth Superannuation Corporation (CSC) – invalidity classification – where parties have jointly promoted that the Court make a declaration that the decision of the CSC was invalid and of no effect – where grant of relief requires the exercise of judicial discretion – where evidence supports the joint submissions – orders made in terms sought

Legislation: Military Superannuation and Benefits Act 1991 (Cth) Federal Court of Australia Act 1976 (Cth) ss 37N, 43 Judiciary Act 1903 (Cth) s 39B

Cases cited: Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82

Division: General Division

Registry: Queensland

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 10

Date of hearing: Heard on the papers