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Dunford v Chief of Army [2024] ADFDAT 1
The Tribunal dismissed Sergeant Dunford’s appeal against two assault convictions, finding the touching of child cadets was not ordinary social interaction and no mistake defence was raised.
Fulton v Chief of Defence Force [2023] FCAFC 134
The Full Court dismissed an appeal against termination of an RAAF officer’s service, holding the delegate was not required to consider PPRs and made no reviewable error.
Whitehouse v Repatriation Commission [2017] FCA 1085
On appeal, the Federal Court held the veteran’s last paid work was his part-time consultant solicitor role, so he did not meet the intermediate-rate pension test.
Fulton v Chief of the Defence Force [2017] FCA 913
The Federal Court quashed the ADF termination and related grievance decision after the parties conceded procedural unfairness from nondisclosure of medical records.
Besson v Repatriation Commission [2014] FCA 881
The Federal Court refused an extension of time to appeal in a veterans’ entitlement matter, finding the delay unexplained and the proposed appeal weak.
Sloan v Repatriation Commission [2012] FCA 1079
The Federal Court dismissed Mr Sloan’s appeal from the AAT, holding there was no error of law in the Tribunal’s approach to “clinical onset” under the veterans’ entitlements regime.
Farley-Smith v Repatriation Commission [2012] FCA 80
The Federal Court dismissed a widow’s appeal against a Tribunal decision that her husband’s death was not war-caused under veterans’ entitlements law.
Kaluza v Repatriation Commission [2011] FCAFC 97
The Full Court held the remittal was unqualified, so the Tribunal had to rehear the whole claim. It also found errors in the clinical onset and stressor analyses.
Gilkinson v Repatriation Commission [2010] FCA 1292
Federal Court appeal on veterans' entitlements dismissed. The Court held the Tribunal correctly applied the statutory test for whether service was related to obesity and sleep apnoea.
Flynn v Chief of Army [2010] ADFDAT 1
The Tribunal allowed Flynn’s appeal, quashed his conviction for intoxication on duty, and entered a verdict of not guilty. It also held he was properly charged under the DFDA.
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