
A former soldier Bradley Campbell says he feels vindicated by a Federal Court decision in Brisbane over the way invalidity benefits paid to injured soldiers are split during divorce proceedings.
Mr Campbell was medically discharged from the army in 2007 after serving 13 years as a diesel mechanic.
He was awarded a notional lump sum benefit, based on the extent of his disability, which has since been paid as a fortnightly pension.
When his marriage broke down, the Commonwealth Superannuation Corporation which managed the military scheme, deemed the payment a defined benefit as part of his superannuation and as such, it was to be split with his former wife.
Mr Campbell lodged a complaint with the Superannuation Complaints Tribunal but it was dismissed.
Mr Campbell and fellow former ADF diesel mechanic, Peter Burns, fought to have their cases heard through a two year legal battle, throughout which Mr Campbell represented himself.
"I didn't have the money for a legal team. Just a couple of ex-army people got together, put our heads together. Two years' worth of research," said Mr Campbell.
In his submission, Mr Campbell argued it was wrong to classify his invalidity benefit based on the notional lump sum, as the extent of his disability could be reclassified at any stage, with the fortnightly amount he received revised or eliminated altogether.
Last week, Brisbane Federal Court Judge Justice John Logan found partially in his favour, saying the invalidity benefit should not be deemed a defined benefit but an accumulation benefit.
However, Justice Logan stopped short of finding it should not be classified as a superannuation interest at all, saying instead, the Commonwealth Superannuation Corporation should recalculate the amount based on the new definition.
Outside the court, Mr Campbell said the decision marked a "definite win for veterans".
"I do see it as a win, yes. I guess he's (Justice Logan) recognised it's not a defined benefit interest," he said.
Mr Campbell, described the case as a David and Goliath battle.
"And I don't think Goliath quite knew what he was taking on," he said.
He said the decision would set a precedent.
"The injustices that have been done in the past, I certainly hope can be corrected. Because a lot of people, their lives have been destroyed by this," he said.
In awarding costs to Mr Campbell, Justice Logan had a dig about the costs of nearly $4,000 Mr Campbell had to pay just to file the paperwork.
"The court doesn't decide those fees. They're fixed by a governor-general and the counsel, executive government."
"If you think they're awful amounts of money to have to pay to have a day in court, well you get the same say as I do about that - which is every three years, each of us gets a vote," Justice Logan told the court.
Former soldier Peter Burns acted for Mr Campbell in court as a McKenzie friend - someone not legally qualified who assists a litigant.
"It might be a small win for a couple of ex-diggers but it's a giant leap forward for every veteran," Mr Burns said.
"It will now make the situation in the Family Court a lot fairer.
"The situation is not going to be skewed in such an extreme way that virtually makes it impossible for the veteran to get on with his life."
Mr Burns said he believed the value of the invalidity pension in divorce settlements would now be calculated on a fortnight's pay rather than the notional lump sum initially allocated.
"As far as I'm concerned, this has always been a complete and utter national embarrassment," he said.
"It's probably been going on now for 15 years and there are people out there who have had their pension split when they shouldn't have."
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