23 January 2010

Federal Court refuses Kowalski leave to appeal decision of Military R & H Commission

Last week the Federal Court of Australia, in Kowalski v. Military Rehabilitation and Compensation Commission, [2010] FCA 5 (15 January 2010), refused to grant leave on an application from a veteran to appeal a decision from the Military Rehabilitation and Compensation Commission. The underlying issues involve a disqualification of a judge from the case. The appellant sought to rectify various observations made by Judge Besanko during proceedings. The court did hold it had jurisdiction but held that none of the matters raised by the appellant merrited relief.

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