23 August 2009

This week in Parliament, Courts and Tribunals (24 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:

Thursday, 27 August 2009

Senate Legal and Constitutional Affairs Legislation Committee, Access to Justice (Civil Litigation Reforms) Amendment Bill 2009, 0900, MELBOURNE: Cliftons, 440 Collins Street (Note: This legislation has the potential to affect veterans' litigation.)

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

High Court of Australia

The full High Court is sitting in Canberra but none of the cases being heard this week involve military justice or veterans issues. The Court's calendar can be found here.

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 (Full Court)

Wednesday, 26 August 2009

Smith v Commonwealth of Australia [2009] FCA 684, VID516/2009, Settlement of Index. Veterans' entitlements - "double dipping" - entitlement to pension for war-caused injury - payment in settlement of common law action in negligence - whether both payments in respect of incapacity from the same injury - whether Veterans Entitlements' Act 1986 (Cth) s 30C is applicable to the facts - approach to be taken to application of s 30C.

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 this week.

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