Davis v Military Rehabilitation and Compensation Commission [2024] FCA 736

Federal Court of Australia

Davis v Military Rehabilitation and Compensation Commission [2024] FCA 736 File number(s): QUD 256 of 2023

Judgment of: SARAH C DERRINGTON J

Date of judgment: 9 July 2024

Catchwords: ADMINISTRATIVE LAW – application for judicial review of decision by the Military Rehabilitation and Compensation Commission calculating rate of incapacity payments pursuant to Pt 4, Ch 4 of the Military Rehabilitation and Compensation Act 2004 (Cth) (MRCA) – whether Commission had regarding to ss 157(1) and 157(2) of the MRCA – interpretation of ss 157(1) and 157(2) – whether Commission breached rules of natural justice in connection with the making of the decision – whether mandatory procedures to be observed by law were not observed by the Commission – whether the delegate accounted for an irrelevant consideration – whether the decision raises an error of law PRACTICE AND PROCEDURE – application for summary judgment under s 31A(2) of the Federal Court of Australia Act 1976 (Cth) and/or r 26.01(1)(a) of the Federal Court Rules 2011 (Cth) – whether application for judicial review has no reasonable prospects of success

Legislation: Acts Interpretation Act 1901 (Cth) s 15AB Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1)(a), 5(1)(b), s 5(1)(e), 5(1)(f), 5(2)(a), 10 Australian Veterans' Recognition (Putting Veterans and Their Families First) Act 2019 (Cth) ss 7, 10(1), 10(2) Federal Court of Australia Act 1976 (Cth) ss 31A(2), 31A(3), 37M, 37N Military Rehabilitation and Compensation Act 2004 (Cth) Pt 6, Div 2, Ch 4, Pt 4, ss 5, 7A, 99, 113, 118, 125(1), 129, 130, 131, 148, 153(1), 154, 155, 156, 157, 157(1), 157(2), 172, 319(1), 352, 354(1), 361, 362 Federal Court Rules 2011 (Cth) r 26.01(1)(a) Military Rehabilitation and Compensation Bill 2004 cll 117, 157