Hembury v Chief of the General Staff

[1998] HCA 47
Judgment date
Case number
M102/1997
Before
McHugh, Gummow, Kirby, Hayne, Callinan JJ
Catchwords

Military law - Court martial procedure - Requirement that members vote in ascending order of seniority - Misdirection as to voting order - Whether a "material irregularity" giving rise to a "substantial miscarriage of justice".

Military law - Court martial procedure - "substantial miscarriage of justice" - Whether jurisprudence deriving from general criminal law applicable.

Military law - Review jurisdiction of Defence Force Discipline Appeal Tribunal and Federal Court of Australia - Whether involves an exercise of Commonwealth judicial power.

Words and phrases - "substantial miscarriage of justice" - "material irregularity".

Defence Force Discipline Appeals Act 1955 (Cth), s 23(1)(c).

Defence Force Discipline Rules (Cth), r 33.