Hogan v Chief of Army [1999] ADFDAT 1

DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL

Hogan v Chief of Army [1999] ADFDAT 1 COURTS AND TRIBUNALS – jurisdiction of Defence Force Magistrate to hear 70 charges of dishonestly appropriating property contrary to s 47 of the Defence Force Discipline Act 1982 (Cth) – power of a commanding officer to deal with a charge – s 110 Defence Force Discipline Act 1982 (Cth) – power of a convening authority to amend a charge pursuant to s 141 Defence Force Discipline Act 1982 (Cth) BIAS – apprehended bias – communication between the prosecutor and the Defence Force Magistrate not revealed to the Defence Defence Force Discipline Act 1982, ss 3, 47(1), 86, 87, 103(1)(c), 104, 107(2), 110, 129(1), 141A Defence Force Discipline Appeals Act 1955, ss 20(1), 23 Defence Force Discipline Rules, rr 8, 9(2), 15, 23 Acts Interpretation Act 1901 (Cth), ss 2(1), 15AA Justices Act 1921 (SA), s 112 Defence Legislation Amendment Act No. 43 of 1995 (Cth), s 28, Schedule 2 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223, referred to R v Minister of Transport ex p H C Motor Works Ltd [1927] 2 KB 401, referred to Padfield v Minister of Agriculture, Fisheries and Food [1968] AC 997, referred to Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147, referred to Craig v State of South Australia (1995) 184 CLR 163, cited Pearlman v Harrow School [1979] QB 56 at 59, distinguished R v Gray ex p Marsh (1985) 157 CLR 351, referred to The Returned & Services League Of Australia (Victoria Branch) Inc (Pascoe Vale Sub Branch) Liquor Licensing Commission [1999] VSCA 37 (15 April 1999) , referred to Re Tracey ex p Ryan (1989) 166 CLR 518, considered Grassby v R (1989) 168 CLR 1, referred to Metropolitan Gas Co v Federated Gas Employees' Industrial Union (1924) 35 CLR 449, referred to Patman v Fotographics Pty Ltd (1984) 6 IR 471, referred to K & S Lake City Freighters Pty Ltd v Gordon & Gotch Ltd (1985) 157 CLR 309, cited Makin v Attorney-General for New South Wales [1894] AC 57, referred to Boardman v Director of Public Prosecutions [1975] AC 421, referred to Re JRL; Ex parte CJL (1986) 161 CLR 342, cited R v Magistrates' Court at Lilydale, ex parte Ciccone [1973] VR 122 Vakauta v Kelly (1989) 167 CLR 569, cited