06 February 2011

This week in Parliament, Courts and Tribunals (7 February 2010)

The following legislative activities, which affect Australian servicemembers, veterans or concern military justice issues, relate to freedom of information or national security, are occurring this week in the Parliament of Australia:

Friday, 11 February 2011

Senate Legal and Constitutional Affairs References Committee, Australian Law Reform Commission, Committee Room 2S1, Parliament House.
The Terms of Reference can be found here. To review the submissions received go here.

Parliamentary Joint House and Senate Committee on the Australian Commission for Law Enforcement Integrity, Inquiry into the operation of Law Enforcement Integrity Commission Act 2006, 0900- 1400 hours, Committee Room 2S3, Parliament House. The Terms of Reference can be found here. To review the submission received go here.

High Court of Australia

Friday, 11 February 2011

The High Court will be hearing special leave applications via video link from Adelaide. The List of Business can be found here.

Federal Court of Australia (Full Court)

Monday, 7 February 2011

Seafood Imports Pty Ltd v. ANL Singapore Pte Ltd [2010] FCA 702, VID6921/2010 [International Law: International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading at Brussels, August 25, 1924 as amended by a Protocol to Amend the International Convention for the Unification of Certain Rules Relating to Bills of Lading signed at Brussels December 21, 1979 (“the Hague-Visby Rules”) Articles III and IV. Issues: Whether goods properly and carefully carried, kept, cared for and discharged – Exception of latent defect – Whether malfunctioning of container not discoverable by due diligence – Hague-Visby Rules Arts III rr (1) and (2) and IV rr (1) and (2)(p)]

Thursday, 10 February 2011


Gilkinson v. Repatriation Commission [2010] FCA 1292, NSD1756/2010. [Issues: Defence and War - whether Tribunal should have applied s 196B(14)(b) of Veteran’s Entitlement Act 1986 (Cth) rather than s 196B(14)(d) – meaning of “arose out of, or was attributable to” in s 196B(14)(b) – whether phrase has same meaning as in other sections of the Act – held that context of phrase in s 196B(14)(d) different from context in other sections – in s 196B(14)(d) phrase refers to dominant or effective cause but not necessarily the sole cause – consideration of s 196B(14) generally.]

Repatriation Commission v. Malady [2010] FAC 798, VID698/2010 [Issues: application for disability pension pursuant to Veterans’ Entitlements Act 1986 – whether reasonable hypothesis connecting disability with eligible war service - no causal connection between depressive disorder, alcohol abuse and drug abuse and operational service – no reasonable hypothesis connecting borderline personality disorder to operational service – Administrative Appeals Tribunal erred in relying upon borderline personality disorder to connect depressive disorder, alcohol abuse and drug abuse with operational service.]

Defence Force Discipline Appeal Tribunal

The Tribunal next sits on 17 and 18 March 2011.


Veterans' Review Board


For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.

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