Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Davis v Military Rehabilitation and Compensation Commission [2024] FCA 322 File number(s): QUD 480 of 2022
Judgment of: MEAGHER J
Date of judgment: 3 April 2024
Catchwords: PRACTICE AND PROCEDURE - application for default judgment pursuant to r 5.22 of the Federal Court Rules 2011 (Cth) – where applicant sought orders that documents not be accepted for filing pursuant to r 2.27 of the Federal Court Rules 2011 (Cth) – late filing of summary dismissal application and supporting evidence - where delay was short and no prejudice suffered by the applicant - where orders made extending the time for the filing of the application and supporting evidence - application for default judgment dismissed PRACTICE AND PROCEDURE - application for summary judgment under s 31A(2) of the Federal Court of Australia Act 1976 (Cth) and r 26.01(1)(a) of the Federal Court Rules 2011 (Cth) - whether the applicant has a reasonable prospect of successfully prosecuting the proceeding - where applicant seeks judicial review of respondents' conduct and decision not to reimburse tolls pursuant to the Military Rehabilitation and Compensation Act 2004 (Cth) - where toll claims have been subsequently reconsidered and paid - where the respondents have made various concessions - summary judgment granted in favour of the respondents
Legislation: Acts Interpretation Act 1901 (Cth) s25D Administrative Decision (Judicial Review) Act 1977 (Cth) ss5(1), 6, 7, 16(2) Evidence Act 1995 (Cth) ss59, 75, 81, 182(1) Federal Court of Australia Act 1976 (Cth) s31A Federal Court Rules 2011 (Cth) rr2.27, 5.22, 16.21, 26.01 Judiciary Act 1903 (Cth) s39B Military Rehabilitation and Compensation Act 2004 (Cth) ss5, 269, 290, 293, 295, 333(b), 346(1), 347, 352, 354, 361, 362 Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (Cth) s14 Safety, Rehabilitation and Compensation Act 1988 (Cth) s16(6) Veterans' Affairs Legislation Amendment (Miscellaneous Measures) Act 2023 (Cth) s293
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