Federal Court of Australia
DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL
Watson v Chief of Army [2010] ADFDAT 3 Citation: Watson v Chief of Army [2010] ADFDAT 3
Appeal from: Application for leave to appeal from a Defence Force Magistrate decision dated 24 June 2010
Parties: BRETT GRAHAM WATSON v CHIEF OF ARMY
File number(s): DFDAT 2 of 2010
Members: TRACEY J - PRESIDENT, WHITE JA - DEPUTY PRESIDENT & MILDREN J - MEMBER
Date of judgment: 11 October 2010
Catchwords: DEFENCE AND WAR – communication of document from Appellant to defending officer – communication confidential – obtained as result of impropriety – not properly admitted
Legislation: Commonwealth Constitution, Chapter III Criminal Code Act 1995 (Cth), s 145.1 Defence Force Discipline Act 1982, s 61(3) Evidence Act, Part 3.10, ss 120(1), 138 & 138(3) Summary Authority Rules, Rules 12, 12(2) & 44
Cases cited: Lane v Morrison (2009) 239 CLR 230 Ridgeway v The Queen (1995) 184 CLR 19 Robinson v Woolworths Ltd (t/as Woolworths Plus Petrol Werrington) (2005) 64 NSWLR 612
Place: Sydney
Division: General
Number of paragraphs: 27
Counsel for the Appellant: Commander J Renwick with Flight Lieutenant P Thompson
Solicitor for the Appellant: Wyatt Attorneys
Counsel for the Respondent: Brigadier L McDade
Solicitor for the Respondent: Director of Military Prosecutions
DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL DFDAT 2 of 2010
BETWEEN: BRETT GRAHAM WATSON
Appellant
AND: CHIEF OF ARMY
Respondent
JUDGES: TRACEY J - PRESIDENT, WHITE JA - DEPUTY PRESIDENT & MILDREN J - MEMBER
DATE OF ORDER: 11 october 2010
WHERE MADE: melbourne (heard in sydney)
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