High Court of Australia

Lane v Morrison [2009] HCA 29

239 CLR 230; 83 ALJR 993; 258 ALR 404

26 Aug 2009

Case Number: C3/2008

Before

French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel, Bell JJ

Catchwords

Constitutional law (Cth) – Judicial power of the Commonwealth - Military courts - Member of Australian Defence Force charged under Defence Force Discipline Act 1982 (Cth) ("Act") - Where hearing before Australian Military Court ("AMC"), established by s 114 of Act - Where AMC a court of record and decision subject to appeal to tribunal - Relevance of fact that AMC has criminal jurisdiction - Whether AMC exercising judicial power of the Commonwealth - Whether AMC created in accordance with Ch III of Constitution.

Constitutional law (Cth) – Defence power - Military courts - AMC independent from command structure - Whether creation of AMC beyond the scope of s 51(vi) of Constitution - Whether creation of AMC inconsistent with power vested in Governor-General by s 68 of Constitution.

Words and phrases – "command structure", "court", "court of record", "courts- martial", "judicial power", "judicial power of the Commonwealth", "service tribunal".

Constitution – Ch III, ss 51(vi), 68, 71, 72, 73(ii), 75(v), 77, 122.

Defence Act 1903 (Cth).

Defence Force Discipline Act 1982 (Cth)
– ss 3(1), 53, 61, 63, 114-121, 140, 188AP, 188AZ, 191.

Defence Force Discipline Appeals Act 1955 (Cth) – s 20.

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