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. McCabe v Chief of Army [2007] ADFDAT 4

    DEFENCE – appeal against conviction by Defence Force Magistrate – failure by prosecution to call a material witness at the trial – no statement taken from the witness – witness unable to be located by Military Police – whether witness was “available” – whether Defence Force Magistrate should have given himself a Jones v Dunkel direction – whether…

    4 Dec 2007 HEEREY J (PRESIDENT), UNDERWOOD CJ (DEPUTY PRESIDENT) & MILDREN J (MEMBER)

  2. Wethling v Chief of Army (No 2) [2007] ADFDAT 3

    DEFENCE – appeal against conviction by Defence Force Magistrate of forgery and using a forged document – appellant entitled to leave for service in the Australian Defence Force – applied for leave – appellant indicated an interest in acquiring a franchise – required to produce documentary evidence of future commitments – document submitted to…

    10 Sep 2007 HEEREY J (PRESIDENT), MILDREN & DUGGAN JJ (MEMBERS)

  3. Gooch v Chief of Air Force [2007] ADFDAT 2

    DEFENCE – applicant convicted by a Defence Force Magistrate on charge referred to DFM at request of Acting Director of Military Prosecutions ; Held: Referral did not have to state it was made pursuant to request of Acting DMP. ; Appointment of Acting DMP, although made before Defence Legislation Amendment Act (No 2) 2005 (Cth) came into operation, …

    7 Mar 2007 HEEREY J (PRESIDENT), UNDERWOOD CJ (DEPUTY PRESIDENT) AND DUGGAN J (MEMBER)

  4. Wethling v Chief of Army [2007] ADFDAT 1

    DEFENCE – leave to appeal – extension of time for appeal

    2 Mar 2007 HEEREY J (PRESIDENT)