Haskins v The Commonwealth

HIGH COURT OF AUSTRALIAFRENCH CJ,GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJABLE SEAMAN JOSEPH ANTHONY PETER HASKINS  PLAINTIFFANDTHE COMMONWEALTH OF AUSTRALIA  DEFENDANTHaskins v The Commonwealth [2011] HCA 2810 August 2011S8/2011ORDER1.Order that the questions stated in the special case be answered as follows: Question 1: On its proper construction does the Military Justice (Interim Measures) Act (No 2) 2009 (Cth) provide lawful authority justifying the detention of the plaintiff? Answer:         Yes.Question 2: If the answer to question 1 is "yes", are items 3, 4 and 5 of Schedule 1 to the Military Justice (Interim Measures) Act (No 2) 2009 (Cth) valid laws of the Commonwealth Parliament? Answer:         Yes. 2.        The plaintiff pay the defendant's costs.RepresentationJ G Renwick with D H Katter and A M Stewart for the plaintiff (instructed by Wyatt Attorneys)S J Gageler SC, Solicitor-General of the Commonwealth with S J Free for the defendant (instructed by Australian Government Solicitor)IntervenerR J Meadows QC, Solicitor-General for the State of Western Australia with A J Sefton intervening on behalf of the Attorney-General for the State of Western Australia (instructed by State Solicitor for Western Australia) Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSHaskins v The CommonwealthConstitutional law (Cth) – Judicial power of Commonwealth – Constitution, Ch III – Validity of laws – Plaintiff defence force member – Plaintiff convicted of disciplinary offences and sentenced to punishment including detention by Australian Military Court ("AMC") established under Defence Force Discipline...