Fulton v Chief of Defence Force

[2024] HCASL 11

FULTON

v

CHIEF OF DEFENCE FORCE

[2024] HCASL 11
B51/2023

1. The applicant seeks special leave to appeal from orders of the Full Court of the Federal Court of Australia (SC Derrington and Stewart JJ, Logan J dissenting) dismissing an appeal from orders of Perry J dismissing the applicant's application for judicial review of a decision made by a delegate of the respondent, the Chief of the Defence Force, to terminate his service in the Australian Defence Force pursuant to s 24(1)(c) of the Defence Regulation 2016 (Cth) on the ground that the retention of the applicant's service was not in the interests of the Australian Defence Force.

2. The special leave application does not identify a question of law of public importance and has insufficient prospects of success to warrant a grant of special leave.

3. Special leave to appeal is refused with costs.

   Gageler CJ

   Gordon J

   Edelman J

   Steward J

   Gleeson J

   Jagot J

   Beech-Jones J

   8 February 2024