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Judicial Review and Appeal Matters

Should the Chief of the Defence Force (or their delegate) provide an adverse decision which impacts a member, they may be entitled to seek judicial review of the decision through the Federal Court of Australia. Applicable legislation imposes limited timeframes to seek judicial review so immediate steps should be taken to protect a member’s rights.

Soldier’s Legal Counsel can commence judicial review applications under the:

  • Judiciary Act 1903(Cth); and
  • Administrative Decisions (Judicial Review) Act 1977 (Cth)

Decisions involving the Chief of the Defence Force often relate to involuntary separation of service. However, the Federal Court of Australia is not limited in exercising its judicial powers. In this regard, a decision in a Redress of Grievance may also be subject to judicial review.  Should your service have been subject to involuntary separation, please contact Soldier’s Legal Counsel to discuss how we can assist.

We do not provide services regarding the Administrative Appeals Tribunal and decisions of the Department of Veterans Affairs. However, should you require a referral to a trusted partner, please contact Soldier’s Legal Counsel as we will be able to provide the details of a law firm which can assist.

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