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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Kearns v Chief of Army [2022] ADFDAT 3
DEFENCE AND WAR - appeal from a Defence Force Magistrate (DFM) - where the appellant was found guilty of assaulting a subordinate - Defence Force Discipline Act 1982 (Cth) (DFDA), s 34 - and of conduct prejudicial to the discipline of the Defence Force under DFDA, s 60 - Defence Force Discipline Appeals Act 1955 (Cth), ss 20, 23 (Appeals Act) -…
- Kantibye v Chief of Army [2022] ADFDAT 2
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Kantibye v Chief of Army (No 2) [2022] ADFDAT 4
DEFENCE AND WAR - appeal against conviction by Defence Force Magistrate (DFM) - where appellant gave evidence at trial - where DFM gave self Liberato direction - formulation and application of Liberato direction - held that DFM conflated second and third limbs of Liberato direction and therefore did not in fact apply the direction - error of law - …
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Private R Army v Chief of Army [2022] ADFDAT 1
DEFENCE AND WAR – appeal against conviction by Defence Force Magistrate – whether verdict was unreasonable or could not be supported, having regard to the evidence – whether in all the circumstances of the case the verdict was unsafe or unsatisfactory – where appellant alleges various inconsistencies and implausibilities in the evidence before the …