White v Director of Military Prosecutions [2007] HCA 29

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GUMMOW, KIRBY, HAYNE, CALLINAN, HEYDON AND CRENNAN JJ

ANNE MARGARET WHITE PLAINTIFF

AND

DIRECTOR OF MILITARY PROSECUTIONS & ANOR DEFENDANTS

White v Director of Military Prosecutions [2007] HCA 29

19 June 2007

S312/2006

ORDER

Application dismissed with costs.

Representation

A W Street SC with D A McLure and J A Hogan-Doran for the plaintiff (instructed by North & Badgery)

D M J Bennett QC, Solicitor-General of the Commonwealth with T F J Berkley and S B Lloyd for the defendants (instructed by Australian Government Solicitor)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

White v Director of Military Prosecutions

Constitutional law (Cth) – Defence – Offences by defence members – Service offences – The Defence Force Discipline Act 1982 (Cth) created a range of offences based on offences against the laws of the Australian Capital Territory, and provided for trial and punishment of these offences exclusively by service tribunals – Whether trials for these offences require an exercise of the judicial power of the Commonwealth within the meaning of Ch III of the Constitution – Whether service tribunals can validly exercise jurisdiction over service offences.

Defence and war – Offences by defence members – Service offences – The Defence Force Discipline Act 1982 (Cth) created a range of offences based on offences against the laws of the Australian Capital Territory, and provided for trial and punishment of these offences exclusively by service tribunals – Whether trials for these offences require an exercise of the judicial power of the Commonwealth within the meaning of Ch III of the Constitution – Whether service tribunals can validly exercise jurisdiction over service offences.