Lane v Morrison [2009] HCA 29

Lane v Morrison [2009] HCA 29

The provisions of Division 3 of Part VII of the Defence Force Discipline Act 1982 (Cth), establishing the Australian Military Court as an independent court of record making binding determinations of guilt and punishment, conferred judicial power of the Commonwealth on a body not constituted in accordance with Chapter III of the Constitution. As such, those provisions were invalid.

Parties
Plaintiff: Brian George Lane; First Defendant: Colonel Peter John Morrison, a Military Judge of the Australian Military Court; Second Defendant: Commonwealth of Australia; Intervener: Attorney-General for the State of Western Australia
Jurisdiction
Australia
Judgment Date
26 August 2009
Procedural Posture
Constitutional Law – Special Case Stated/original Jurisdiction / Final Judgment – High Court (full Court)
Outcome
Provisions invalid – Orders for prohibition and costs granted
Legal Topics
Judicial Power of the Commonwealth, Validity of Military Courts, Separation of Powers, Defence Power, Structure of Service Tribunals
Constitutional Law Military Law Judicial Power of the Commonwealth Validity of Military Courts Separation of Powers Defence Power Structure of Service Tribunals

Case Brief

Summary, issues, holding and outcome

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Parties

Brian George Lane

Plaintiff

Colonel Peter John Morrison, a Military Judge of the Australian Military Court

First Defendant

Commonwealth of Australia

Second Defendant

Attorney-General for the State of Western Australia

Intervener

Procedural Posture

Constitutional Law – Special Case Stated/original Jurisdiction / Final Judgment – High Court (full Court)

Legal Issues

  1. 1 Whether the provisions of Division 3 of Part VII of the Defence Force Discipline Act 1982 (Cth), establishing the Australian Military Court, are invalid as purporting to confer the judicial power of the Commonwealth other than in conformity with Chapter III of the Constitution.
  2. 2 Whether the AMC’s structure and independence from the military command chain place it outside the constitutional exception allowing military tribunals to exercise powers not vested in Chapter III courts.

Ratio Decidendi

The provisions of Division 3 of Part VII of the Defence Force Discipline Act 1982 (Cth), establishing the Australian Military Court as an independent court of record making binding determinations of guilt and punishment, conferred judicial power of the Commonwealth on a body not constituted in accordance with Chapter III of the Constitution. As such, those provisions were invalid.

Court Disposition

Provisions invalid – Orders for prohibition and costs granted

Orders

  • Declare that the provisions of Division 3 of Part VII of the Defence Force Discipline Act 1982 (Cth) are invalid.
  • Order that a writ of prohibition issue directed to the first defendant, prohibiting him from proceeding further with the charges relating to the plaintiff.