Ferdinands v Chief of Army [2003] FCAFC 10

FEDERAL COURT OF AUSTRALIA

Ferdinands v Chief of Army [2003] FCAFC 10

APPEAL AND NEW TRIAL – where an applicant fails to file appeal books in accordance with Federal Court Rules – whether appeal prosecuted with due diligence – whether litigant can determine in what order the appeal court determines questions HIGH COURT & FEDERAL COURT – inability of a litigant to reserve "questions of law" – whether it is an abuse of process for a litigant to reserve questions of law – where an application for leave to appeal is out of time – whether court needs to assess the likelihood of success of appeal CONSTITUTIONAL – whether a Defence Force Magistrate exercises the judicial power of the Commonwealth – whether Defence Force Magistrate must be appointed according to Chapter III of the Constitution Defence Force Discipline Act 1982 (Cth) ss 34, 47, 152 Defence Force Disciplinary Appeals Act 1955 (Cth) ss 17, 21 Federal Court of Australia Act 1976 (Cth) ss 25, 26 Acts Interpretation Act 1901 (Cth) s 42 Crimes Act 1900 (NSW) ss 135C, 178BA Crimes Act 1914 (Cth) s 71 Constitution ss 51, 52, 72, 80, 122, Chapter III Federal Court Rules O 52 r 38 Gallow v Dawson (1990) 93 ALR 479 cited Re Tracey ex parte Ryan (1988-89) 166 CLR 518 followed Re Nolan ex parte Young (1991) 172 CLR 460 followed Re Tyler and Anor ex parte Foley (1994) 181 CLR 18 followed Re Governor Goulburn Correctional Centre; ex parte Eastman (1999) 200 CLR 322 followed Spratt v Hermes (1965) 114 CLR 226 cited Capital Duplicators Pty Ltd v Australian Capital Territory (1992) 177 CLR 248 cited TREVOR KINGSLEY FERDINANDS v CHIEF OF ARMY No S 212 of 2002 SPENDER, RYAN, von DOUSSA, DOWSETT, SELWAY JJ ADELAIDE 11 FEBRUARY 2003

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 212 OF 2002

BETWEEN: TREVOR KINGSLEY FERDINANDS