Burns v Chief of the Defence Force [2023] FCA 579

Federal Court of Australia

Burns v Chief of the Defence Force [2023] FCA 579 File number: QUD 109 of 2023

Judgment of: LOGAN J

Date of judgment: 29 May 2023

Catchwords: PRACTICE AND PROCEDURE – application for joinder to existing application under Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR Act) by different applicants aggrieved by different type of decision having its source in different statutory authority to decisions under review in existing application – rule 9.02, Federal Court Rules 2011 (Cth) – where existing application based on decisions evidenced by termination notices under Defence Regulation 24(1)(c) – where decisions, the subject of proposed joinder, were based on a show cause notice as to why a Formal Warning should not be placed on particular defence members' files – where common issue of fact and law said to be the alleged use of improperly obtained material – where specific statutory foundation for issue of show cause notices (as opposed to general power of command under the Defence Act 1903 (Cth) not evident – where, consequentially, no clearly identified "decision under an enactment" for the purposes of the ADJR Act – where decision to issue show cause notice amendable to review under s 39B(1) of the Judiciary Act 1903 (Cth) – where joinder if permitted would raise additional issues antithetical to desirability of prompt hearing and determination of proceeding already fixed for trial – joinder application dismissed – proposed amendments to originating application deemed to be separate application under s 39B of the Judiciary Act with that deemed separate proceeding adjourned to a date to be fixed following hearing and determination of existing proceeding and further proceedings in sequel of show cause notices restrained until further order