25 July 2009

This week in Parliament, Courts and Tribunals (27 July 2009) . . .

The following legislative activities, which affect Australian servicemembers and veterans or concern military justice issues, are occurring this week in the Parliament of Australia:

Parliament is in its winter recess until 11 August.

There is one committee hearing occurring in the Senate this week despite the recess; however, that hearing does not involve military or veterans affairs matters.

The following military justice and veterans cases are occurring this week:

High Court of Australia

The full High Court is sitting in Canberra on 28 July, however there are no military or veterans affairs cases that are being argued.

Lane v. Morrison, case [2009] HCA 5, which was argued in April, is due to be decided at any time. The case involves a servicemember of the Royal Australian Navy who challenged the constitutionality of the newly created Australian Military Court after charges were brought against him. This blog has previously discussed the Lane case here.

Federal Court of Australia

The full court is in recess; it will next sit on 3 August 2009.


Kowalski v. Repatriation Commission, case SAD26/2009, is still pending. Veteran's claim appeal under the Veterans' Entitlement Act 1986 filed on 3 March 2009 from decision of single judge to full court, next listing date appears as 14 August.

Callover - Tuesday, 28 July 2009

Smith v. Commonwealth of Australia [2009] FCA 684, VID 516/2009. Veterans entitlement action - "double-dipping" - entitlement to pension for war-caused injury - payment in settlement of common law action in negligence. Whether both payments in repsect of incapacity from the same injury and whether Veterans Entitlements' Act 1986 (Cth) s 30C is applicable to the facts. Callover this date with settlement of index on 5 August which is after the full court returns from its recess.

Defence Force Discipline Appeal Tribunal

The Tribunal is in recess; it will next sit on 10 September 2009.

Australian Military Court

There are no cases of significance this week.

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