Ross v Cth

[2025] VSCA 108

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Negligence
2. › Proceeding for damages by former Defence Force member against Commonwealth
3. › Service injury
4. › Statutory bar on proceedings
5. › Whether written choice to institute proceedings given to Commission before proceeding commenced
6. › Military Rehabilitation and Compensation Act 2004 (Cth), ss 388, 389
1. Practice and Procedure
2. › Extension of time to seek leave to appeal
3. › Proposed appeal having no prospects of success
4. › Whether futile to grant extension of time

Quick Take

A written choice under s 389(2) of the Military Rehabilitation and Compensation Act 2004 (Cth) must be given to the Commission before a proceeding for damages is commenced; the invalidity of a proceeding commenced without such a choice cannot be cured retrospectively.