Decisions

Defence Force Discipline Appeal Tribunal decisions can be searched on the Federal Court website by selecting 'Defence Force Discipline Appeal Tribunal' under 'Court'.

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  1. Ferdinands v Chief of Army [2002] ADFDAT 3

    CRIMINAL LAW - appeal from decision of President of Tribunal refusing to grant an extension of time within which to appeal against conviction – construction of Defence Force Discipline Appeals Act 1955 (Cth) s 21 – consideration of matters relevant to the exercise of the discretion to grant an extension of time within which to appeal. CRIMINAL LAW …

    26 Jul 2002 UNDERWOOD J (DEPUTY PRESIDENT), MILDREN AND DUGGAN JJ (MEMBERS)

  2. Van Damme v Chief of Army [2002] ADFDAT 2

    CRIMINAL LAW - appeal from Defence Force Magistrate - convictions on three charges of assault - consent not raised at trail - no finding by Magistrate as to lack of consent - whether evidence gave rise to an inference of consent - whether substantial miscarriage of justice; CRIMINAL LAW - differing accounts given by witnesses - Magistrate…

    26 Jul 2002 HEEREY J (PRESIDENT), UNDERWOOD J (DEPUTY PRESIDENT) AND MILDREN J (MEMBER)

  3. Rogers v Chief of Navy [2002] ADFDAT 1

    CRIMINAL LAW - jurisdiction practice and procedure - filing of information, presentment, or indictment - sufficiency of charge - no requirement to plead all elements of offence charged; CRIMINAL LAW - jurisdiction practice and procedure - filing of information, presentment, or indictment - averments - uncertainty, duplicity and ambiguity - course…

    25 Jul 2002 HEEREY J (PRESIDENT), UNDERWOOD J (DEPUTY PRESIDENT) AND DUGGAN J (MEMBER)