The Australian Defence Force is being sued over the death of a teenage cadet who suffered an allergic reaction to peanuts while eating a ration pack meal.   

Australian army cadet Nathan Francis, 13, died after suffering a severe allergic reaction to peanuts in a ration pack meal on March 30 last year.   

The Melbourne boy was taking part in a Scotch College army cadet unit bivouac in the Wombat State Forest in western Victoria when the incident occurred.   

Comcare - the commonwealth occupational health and safety authority - today lodged a writ in the Federal Court in its action against the Australian Defence Force (ADF).   

Comcare is suing the ADF claiming it failed to take all reasonably practicable steps to protect the health and safety at work of its cadets and this resulted in Nathan's death.   

The breach carries a maximum penalty of $240,000.   

The matter is set for a preliminary hearing at the Federal Court in Melbourne on June 23.   

Comcare acting chief executive officer Martin Dolan said the action reflected its assessment of the seriousness of the breach.   

“Comcare will continue to work with the ADF to ensure that its cadet activities are as safe as possible,” Mr Dolan said.   

The meal that led to Nathan's death has been described by Comcare as a beef satay with a peanut sauce.