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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| prior to 1985
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McLaren v Chief of Navy [2013] ADFDAT 5
DEFENCE FORCE - appeal from Restricted Court Martial against convictions for committing an act of indecency - circumstantial evidence - whether Judge Advocate erred in failing to give proper direction - admissibility of evidence based on inference drawn by witness from observed facts - whether substantial miscarriage of justice - meaning of…
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Leith v Chief of Army [2013] ADFDAT 4
DEFENCE - convictions relating to theft of ammunitions and disobedience of lawful command - whether Judge Advocate erred in admitting evidence - consideration of "special circumstances" under s 101JA(3) of the Defence Force Discipline Act 1982 ("the DFDA") - balancing the interests of justice - double jeopardy - whether the Judge Advocate erred in …
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King v Chief of Navy [2013] ADFDAT 3
DEFENCE - Convictions relating to receipt of rental and other allowances - whether Judge Advocate erred in direction to panel about whether appellant and his wife "normally lived together" for purposes of relevant Defence Determination - whether verdicts entered against appellant inconsistent with other verdicts of acquittal - whether Judge…
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Ferdinands v Chief of Army [2013] ADFDAT 2
PRACTICE AND PROCEDURE - application for extension of time within which to seek leave to appeal from order of Defence Force Magistrate - whether relief sought able to be granted by Tribunal in its original jurisdiction - whether matter should be referred to Federal Court of Australia where breach of Racial Discrimination Act 1975 (Cth) alleged -…
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Yewsang v Chief of Army [2013] ADFDAT 1
DEFENCE - Convictions relating to claims for reunion travel - whether Defence Force Magistrate incorrectly found that witness not confronted with certain allegation directly in cross examination - whether inadequate reasons given for accepting evidence-in-chief in preference to evidence given in cross examination - whether Defence Force Magistrate …