Decisions

-1985

Some decisions link to the Federal Court of Australia or AustLII websites. Others are available in PDF format. If you require an alternative format, please email details of the decision to the Web Manager.

Date Parties Citation Appeal
18 Oct 1984Re Durick's Appeal (1984) 73 FLR 124  
18 Feb 1983   To the Federal Court:
Re Lamperd (pdf - 429 kb)
(1983) 63 FLR 470
29 Aug 1980Re Potter's Appeal 43 FLR 329 
29 May 1980Re Schmidt 41 FLR 252 
06 Sep 1979Re Smerdon 37 FLR 49 
27 Aug 1976Re Brown's Appeal 28 FLR 231 
23 Dec 1971Re Ferriday's Appeal 21 FLR 86To The High Court:
Ferriday v Military Board
(1973) 129 CLR 252
(18 Oct 1973)
31 Aug 1970Re Wallace's Appeal 18 FLR 220 
07 May 1970 Re Allen's Appea (pdf - 2.8 mb) 16 FLR 59 
14 Feb 1969Re SRG Appeal 14 FLR 26 
27 Sep 1968Re Newman's Appeal 13 FLR 268 
30 Aug 1968Re Dean's Appeal 13 FLR 247 
30 Aug 1968Re Chevalley's Appeal 13 FLR 315 
03 Jun 1968Re Knight's Appeal 12 FLR 81 
30 Nov 1967Re Wilson's Appeal 12 FLR 87 
04 Jul 1966Re Oxenham's Appeal 18 FLR 177 
31 May 1966Re Nickols's Appeal 9 FLR 120 
13 Sep 1965Re Miller's Appeal (1965) 12 FLR 77 
15 Aug 1965Re Miller's Appeal (1965) 9 FLR 114 
12 Nov 1962Re Marwood's Appeal 9 FLR 86 
12 Nov 1962 Re Manion's Appeal (pdf - 6.1 mb) 9 FLR 91 
12 Oct 1961Re McCann's Appeal 9 FLR 21 
07 Oct 1960Re Johnston's Appeal 9 FLR 31 
03 Mar 1960Re Cox's Appeal 8 FLR 364 
05 Aug 1959Re Feiss's Appeal 8 FLR 336 
31 Oct 1958Re Schneider's Appeal 8 FLR 314 

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. 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) -…

    12 Aug 2022 LOGAN J (PRESIDENT), BRERETON JA (DEPUTY PRESIDENT) AND SLATTERY J (MEMBER)

  2. Kantibye v Chief of Army [2022] ADFDAT 2

    22 Jul 2022 LOGAN, BRERETON AND PERRY J

  3. 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 - …

    22 Jul 2022 LOGAN J (PRESIDENT), BRERETON JA (DEPUTY PRESIDENT) AND PERRY J (MEMBER)

  4. 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 …

    1 Apr 2022 LOGAN J (PRESIDENT), PERRY J (MEMBER) AND BARR J

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

    27 Aug 2021 LOGAN J

  6. 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

  7. 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)

  8. 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)

  9. 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

  10. 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

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