Burns v Chief of the Defence Force (No 2) [2023] FCA 866

Federal Court of Australia

Burns v Chief of the Defence Force (No 2) [2023] FCA 866 File number: QUD 109 of 2023

Judgment of: LOGAN J

Date of judgment: 17 July 2023

Catchwords: ADMINISTRATIVE LAW – four members of the Australian Defence Force (ADF) sought judicial review of decisions by respondent's delegate to issue notices of early termination of service under reg 24(1)(c) of the Defence Force Regulations 2016 (Cth) (Defence Regulations) – where termination notices withdrawn before determination of review – where no occasion for the exercise by the Court of powers conferred by s 16 Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR Act) – where parties promote orders for applications to be dismissed and the respondent pay costs – second occasion on which notices withdrawn – where the Court observes that the ADF has miscarried, twice, in the exercise of the early termination power under reg 24(1)(c) – whether it is symbiotic of systemic difficulties within ADF to administer the early termination power according to law – whether the Court should refer papers to the Inspector-General ADF (IGADF) for consideration of inquiry pursuant to s 110C of the Defence Act 1903 (Cth) (Defence Act) – where the Court has power to make referral under s 23 of the Federal Court of Australia Act 1976 (Cth) – where the Court orders the case be brought to the attention of the IGADF – applications dismissed

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 16 Defence Act 1903 (Cth) s 110C Defence Force Discipline Act 1982 (Cth) Federal Court of Australia Act 1976 (Cth) s 23 Defence Regulation 2016 (Cth) reg 24