Ferdinands v Chief of Army [2013] ADFDAT 2

DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL

Ferdinands v Chief of Army [2013] ADFDAT 2 Citation: Ferdinands v Chief of Army [2013] ADFDAT 2

Parties: TREVOR KINGSLEY FERDINANDS v CHIEF OF ARMY

File number: DFDAT 4 of 2012

Judges: TRACEY J - PRESIDENT, WHITE JA - DEPUTY-PRESIDENT, COWDROY J - MEMBER

Date of judgment: 21 March 2013

Catchwords: PRACTICE AND PROCEDURE – application for extension of time within which to seek leave to appeal from order of Defence Force Magistrate – whether relief sought able to be granted by Tribunal in its original jurisdiction – whether matter should be referred to Federal Court of Australia where breach of Racial Discrimination Act 1975 (Cth) alleged – whether jurisdiction to entertain further application for extension of time – application frivolous or vexatious – abuse of process

Legislation: Defence Force Discipline Act 1982 (Cth) – ss 34, 145A, 154 Defence Force Discipline Appeals Act 1955 (Cth) – ss 4, 21, 23, 24, 26, 31, 36, 51, 52, 53 Racial Discrimination Act 1975 (Cth)

Cases cited: Ferdinands v Chief of the Army [2001] ADFDAT 2 – considered Ferdinands v Chief of Army [2002] ADFDAT 3 – considered Ferdinands v Chief of Army [2008] FCA 1865 – considered Ferdinands v Chief of Army [2009] FCA 22 – considered Ferdinands v Chief of Army [2003] FCAFC 9 – considered Ferdinands v Chief of Army [2003] FCAFC 10 – considered Gallo v Dawson [1990] HCA 30; (1990) 93 ALR 479 – referred to Grierson v The King [1938] HCA 45; (1938) 60 CLR 431 – considered, applied Langdale v Danby [1982] 3 All ER 129; [1982] 1 WLR 1123 – referred to M v The Queen [1994] HCA 63; (1994) 181 CLR 487 – referred to Postiglione v The Queen [1997] HCA 26; (1997) 189 CLR 295 – considered, applied Re Tyler; Ex parte Foley [1994] HCA 25; (1994) 181 CLR 18 – referred to