Nicholas v. The Commonwealth of Australia and Anor
Constitutional law — Operation and effect of Commonwealth Constitution — Plaintiff convicted by Australian Military Court of offences under Defence Force Discipline Act 1982 (Cth) (“the Act”) on 25 August 2008 and sentenced accordingly — High Court of Australia declared provisions of the Act establishing Australian Military Court invalid on 26 August 2009: Lane v Morrison (2009) 239 CLR 230 — On 22 September 2009 Military Justice (Interim Measures) Act (No 2) 2009 (Cth) (“Interim Measures Act”) came into operation — Part 2 of Sch 1 of Interim Measures Act applies to punishments purportedly imposed by Australian Military Court prior to High Court decision — Pursuant to item 5, Sch 1 of Interim Measures Act rights and liabilities of plaintiff declared to be, and always to have been, same as if punishments purportedly imposed by Australian Military Court had been properly imposed by general court martial and certain other conditions satisfied — Rights and liabilities declared to be subject to any review provided for by Sch 1, Pt 7 — No review sought by plaintiff — Whether item 5, Sch 1 of Interim Measures Act valid law of Commonwealth — Military Justice (Interim Measures) Act (No 2) 2009 (Cth) Sch 1, item 5.
19/08/2010 Writ of summons
19/08/2010 Notice of constitutional matter
13/12/2010 Hearing (Single Justice, Sydney)
13/01/2011 Written submissions (Plaintiff)
31/01/2011 Written submissions (First Defendant)
29/03/2011 Hearing (Full Court, Canberra)