The applicants in the application sought to join existing judicial review proceedings of termination decisions pursuant to reg 24(1)(c) of the Defence Regulation 2016 (Cth), made under the Defence Act 1903 (Cth). The further applicants sought review of show cause notices which called on them to explain why a formal warning ought not be placed on their service records with the Royal Australian Air Force.
Although the two categories of decisions arose from similar factual circumstances, his Honour found that they were different in character and made on a different statutory basis such that joinder was not appropriate under r 9.02 of the Federal Court Rules 2011 (Cth). The application for joinder was dismissed, and the proposed amendments were deemed a separate originating application.
Salwa Marsh appeared for the respondent, instructed by Holding Redlich.
The judgment is published here.
