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. Hodge v Chief of Navy [2015] ADFDAT 4

    DEFENCE FORCE - discipline - appeals against conviction - conviction arising out of receipt of rental allowance - obtaining financial advantage by deception - whether Defence Force Magistrate failed to consider appellant's intention in concluding that selection of "not sharing" option in online application for rental allowance was "false and hence …

    4 Sep 2015 TRACEY J (PRESIDENT), BRERETON AND HILEY JJ (MEMBERS)

  2. Jesser v Chief of Air Force [2015] ADFDAT 3

    DEFENCE - conviction relating to threat to inflict grievous bodily harm under s 31 of the Crimes Act 1900 (ACT) (the Act) - whether open to conclude beyond reasonable doubt that appellant guilty of charge on which she was convicted - where threat spoken by appellant to her treating doctor during medical consultation and in respect of appellant's…

    25 Aug 2015 TRACEY J (PRESIDENT), LOGAN J (DEPUTY PRESIDENT) AND BRERETON J

  3. Jordan v Chief of Air Force [2015] ADFDAT 2

    DEFENCE - conviction relating to receipt of rental allowance - whether appellant guilty of the charge on which he was convicted - consideration of proper construction of the offence of "obtaining a financial advantage" under s 135.2(1) of the Criminal Code Act 1995 (Cth) - whether physical and fault elements must exist contemporaneously - whether…

    17 Jul 2015 TRACEY (PRESIDENT), LOGAN AND BRERETON JJ (MEMBERS)

  4. Thompson v Chief of Navy [2015] ADFDAT 1

    DEFENCE - whether convictions recorded following pleas of guilty should be quashed - whether plea bargain based on incorrect construction of the Defence Force Discipline Act 1982 (Cth) resulted in miscarriage of justice

    22 May 2015 TRACEY (PRESIDENT), BYRNE (DEPUTY PRESIDENT) AND LOGAN JJ

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

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