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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. Private R Army v Chief of Army [2021] ADFDAT 2

    27 Aug 2021 LOGAN J

  2. Howieson v Chief of Army [2021] ADFDAT 1

    DEFENCE AND WAR - appeal from a General Court Martial - where the appellant was found guilty of prejudicial conduct per s 60(1) of the Defence Force Discipline Act 1982 (Cth) - where the prosecution had adduced tendency evidence to the effect that the appellant had a tendency to expose his penis to female members of the Papua New Guinea Defence…

    9 Jul 2021 LOGAN, BRERETON AND PERRY JJ

  3. Mikus v Chief of Army [2020] ADFDAT 1

    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 - whether the reasons of the DFM for conviction were adequate - nature and source of obligation of a DFM to give reasons - Defence Force Discipline Appeals Act 1955 …

    22 Dec 2020 LOGAN J (PRESIDENT), BRERETON JA (DEPUTY PRESIDENT) AND BARR J (MEMBER)

  4. Boyson v Chief of Army [2019] ADFDAT 2

    DEFENCE AND WAR - application for an extension of time to appeal from a General Court Martial ("GCM") - where the applicant was found guilty of one count of sexual intercourse without consent - whether the GCM's verdict was unreasonable and could not be supported by the evidence - whether the GCM's verdict was unsafe or unsatisfactory - where the…

    2 May 2019 LOGAN J ( PRESIDENT), BRERETON JA (DEPUTY PRESIDENT) AND PERRY J (MEMBER)

  5. McCleave v Chief of Navy [2019] ADFDAT 1

    DEFENCE AND WAR – appeal from a decision of a Defence Force Magistrate – abuse of process – where appellant admitted to offences under s 56(4) of the Defence Force Discipline Act 1982 (Cth) – where admissions were made after the appellant received representations within his chain of command that he would not be prosecuted – whether representations …

    21 Feb 2019 LOGAN (PRESIDENT), HILEY (MEMBER) AND GARDE (MEMBER) JJ

  6. Betts v Chief of Army [2018] ADFDAT 2

    DEFENCE AND WAR - appeal from a decision of a Defence Force Magistrate ("DFM") - where the appellant was found guilty of four counts of obtaining a financial advantage contrary to s 61(3) of the Defence Force Discipline Act 1982 (Cth) and s 135.2(1) of the Criminal Code (Cth) by way of an overpayment of rental allowance, knowing or believing that…

    10 Jul 2018 TRACEY (PRESIDENT), BRERETON AND GARDE (MEMBERS) JJ

  7. Randall v Chief of Army [2018] ADFDAT 3

    DEFENCE AND WAR – application for extension of time to appeal – application for leave to appeal against convictions by Restricted Court Martial – unauthorised access to restricted data – Defence Force Discipline Act 1982 (Cth) s 61(3), Criminal Code (Cth) s 478.1 – related alternative prejudicial conduct charges – Defence Force Discipline Act 1982 …

    10 Jul 2018 TRACEY (PRESIDENT), LOGAN (DEPUTY PRESIDENT) AND HILEY (MEMBER) JJ

  8. Herbert v Chief of Air Force [2018] ADFDAT 1

    DEFENCE – appeal from a decision of a Defence Force Magistrate (“DFM”) – where the DFM found the appellant guilty of one count of obtaining a financial advantage contrary to s 61(3) of the Defence Force Discipline Act 1982 (Cth) and s 135.2(1) of the Criminal Code (Cth) by way of an overpayment of rental allowance knowing or believing that he was…

    27 Apr 2018 TRACEY (PRESIDENT), HILEY AND GARDE (MEMBERS) JJ

  9. O’Neill v Chief of Army [2017] ADFDAT 6

    DEFENCE – appeal from a decision of a Defence Force Magistrate (“DFM”) – where appellant found guilty of assault occasioning actual bodily harm contrary to s 61(3) of the Defence Force Discipline Act 1982 (Cth) and s 24(1) of the Crimes Act 1900 (ACT) – whether the DFM erred in the application of the relevant test for self-defence – whether the…

    3 Nov 2017 TRACEY (PRESIDENT), LOGAN (DEPUTY PRESIDENT) AND HILEY (MEMBER) JJ

  10. Komljenovic v Chief of Navy [2017] ADFDAT 4

    DEFENCE AND WAR - discipline of members of forces - conduct likely to prejudice service discipline - what constitutes - acts of physical intimacy between a male Lieutenant Commander and a female Leading Seaman in view of subordinates while on temporary shore leave in the course of an overseas deployment of the warship of which all were crew…

    5 May 2017 TRACEY (PRESIDENT), LOGAN (DEPUTY PRESIDENT) AND HILEY (MEMBER) JJ

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