Esber v The Commonwealth of Australia

This matter came before the High Court of Australia on the appeal of Mr Esber against the Commonwealth of Australia. The dispute concerned the effect of the repeal of the Compensation (Commonwealth Government Employees) Act 1971 (the 1971 Act) by the Commonwealth Employees' Rehabilitation and Compensation Act 1988 (the 1988 Act), specifically in relation to the redemption provisions of the repealed Act. Mr Esber, a former soldier, had been injured during compulsory sport, resulting in his discharge from the Army in November 1984 and subsequent receipt of weekly compensation payments.

The central legal issue before the Court was the operation of section 129(2) of the repealing Act (the 1988 Act) and section 8 of the Acts Interpretation Act 1901, in conjunction with the redemption provisions of the repealed 1971 Act. Specifically, the Court was required to determine whether the repeal of the 1971 Act extinguished Mr Esber's right to apply for the redemption of his ongoing weekly compensation payments under section 49 of the 1971 Act.

The appellant argued that the repeal of the 1971 Act did not extinguish his right to seek redemption. This argument hinged on the interpretation of section 8 of the Acts Interpretation Act 1901, which generally preserves rights acquired under repealed legislation, and section 129(2) of the 1988 Act. Section 49 of the 1971 Act provided an employee, whose weekly compensation had been paid for more than six months, with the right to request the Commissioner to redeem the Commonwealth's liability for further periodical payments. The Court's reasoning would likely involve an analysis of whether the right to apply for redemption was a "right acquired" under the 1971 Act that survived its repeal, and how section 129(2) of the 1988 Act interacted with this principle.