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. King v Chief of Army [2012] ADFDAT 4

    DEFENCE - charges of disobeying lawful command, prejudicial conduct and giving false evidence - whether direction of an Assistant Inspector General of the Australian Defence Force was a lawful order - whether charges could be preferred under s 60 of the Defence Force Discipline Act 1982 when conduct proscribed by specific offence in Defence Force…

    28 Sep 2012 TRACEY J - PRESIDENT, MILDREN J - MEMBER & COWDROY J - MEMBER

  2. Bateson v Chief of Army [2012] ADFDAT 3

    DEFENCE AND WAR - appeal - charges of insubordination - grounds - convictions unreasonable and cannot be supported with regard to the evidence - wrong decisions on questions of law made - material irregularity - convictions unsafe and unsatisfactory - found - no material error in conduct of trial - no error in taking into account uncharged acts -…

    25 May 2012 TRACEY J – PRESIDENT, WHITE JA – DEPUTY PRESIDENT & LOGAN J – MEMBER

  3. Jones v Chief of Navy [2012] ADFDAT 2

    DEFENCE AND WAR - charges of indecency - seven counts of indecency found by General Court Martial -appeal - grounds - prosecutor's final address at trial prejudicial - direction made by Judge Advocate to jury - any prejudice to appellant negatived - grounds not made out - ruling made by Judge Advocate on objections to charge sheet - provision…

    22 May 2012 TRACEY J – PRESIDENT, WHITE JA – DEPUTY PRESIDENT & MILDREN J - MEMBER

  4. Li v Chief of Army [2012] ADFDAT 1

    MILITARY LAW - leave to appeal sought - granted - Restricted Court Martial - charges - creating a disturbance by causing a confrontation - service offence - whether charge not known in law - not a service charge - not capable of founding jurisdiction - ground failed - whether conviction bad for duplicity - series of acts may constitute course of…

    16 Mar 2012 TRACEY J - PRESIDENT, WHITE JA - DEPUTY PRESIDENT & COWDROY J - MEMBER