01 August 2009

This week in Parliament, Courts and Tribunals (3 August 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 2009; however, there are committee hearings still occurring.


Tuesday, 4 August 2009

House and Senate Joint Public Works Committee, Proposed fit-out of the ANZAC Park West Building, 1410 hours, Committee room 2R1, Parliament House. The underlying issue is to provide a modern office facility costing approximately $45.5 million (AUD) to house over 900 employees of the Department of Defence. For further information the Committee issued two press releases which can be found here and here.
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The following military justice and veterans cases are occurring this week:

High Court of Australia

The full High Court will next sit on Monday, 24 August 2009.

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 in 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

Wednesday, 5 August 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.

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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