Federal Court of Australia
DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL
Rogers v Chief of Army [2004] ADFDAT 1 STATUTES – Acts of Parliament – Interpretation – Interpretation Acts and clauses – Particular Acts and Ordinances Commonwealth – Rights accrued – Liabilities accrued – Amendment to time limit within which a prosecution may be brought – Whether it has retrospective operation. Acts Interpretation Act, 1901, (Cth), s8(c). Defence Force Discipline Appeals Act 1995 (Cth), s21. Defence Force Discipline Act 1982 (Cth) ss29(1) and 97. Defence Legislation Amendment Act (No 1) 1999 (Cth), s3 and Sch4. R v Pinder (1989) LSJS 65 - followed. R v Chandra Dharma [1905] 2 KB 335– followed. Yew Bon Tew v Mara [1983] 1 AC 553 – followed. Koutsoukos v Loader (1991) 109 FLR 114 – followed. Hall v Bonnett[1956] SASR 10 – distinguished. Maxwell v Murphy (1997) 96 CLR 261 - referred to. Burt v Barry & Roberts Ltd ex parte Barry & Roberts (1956) St. R. Qd. 207 – followed. R v Ford (1994) 84 C.C.C. (3d) 544. DUANE ROGERS v CHIEF OF ARMY DFDAT 1 OF 2004 UNDERWOOD J (Deputy President), MILDREN J (Member) and DUGGAN J (Member)
22 SEPTEMBER 2004 ADELAIDE DFDAT 1 OF 2004 DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL
BETWEEN: DUANE ROGERS
APPLICANT
AND: CHIEF OF ARMY
RESPONDENT
JUDGES: UNDERWOOD J (Deputy President), MILDREN and DUGGAN JJ (Members)
DATE OF ORDER: 22 SEPTEMBER 2004 WHERE MADE: ADELAIDE
THE TRIBUNAL ORDERS THAT: 1. Application for an extension of time for appeal be dismissed.
DFDAT 1 OF 2004
DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL FEDERAL COURT OF AUSTRALIA REGISTRY
BETWEEN: DUANE ROGERS
APPLICANT
AND: CHIEF OF ARMY
RESPONDENT
JUDGES: UNDERWOOD J (Deputy President), MILDREN AND DUGGAN JJ (Members)
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