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. 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…

    29 Nov 2013 TRACEY J (PRESIDENT), LOGAN AND BRERETON JJ (MEMBERS) JJ

  2. 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 …

    20 Aug 2013 TRACEY, COWDROY & LOGAN JJ

  3. 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…

    28 May 2013 TRACEY J – PRESIDENT, COWDROY AND LOGAN JJ – MEMBERS

  4. 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 -…

    21 Mar 2013 TRACEY J, WHITE JA, COWDROY J

  5. 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 …

    21 Mar 2013 TRACEY, WHITE AND LOGAN JJ