Lane v Morrison

HIGH COURT OF AUSTRALIAFRENCH CJ,GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJBRIAN GEORGE LANE  PLAINTIFFANDCOLONEL PETER JOHN MORRISON, A MILITARY JUDGE OF THE AUSTRALIAN MILITARY COURT & ANOR  DEFENDANTSLane v Morrison [2009] HCA 2926 August 2009C3/2008ORDER1.Declare that the provisions of Division 3 of Part VII of the Defence Force Discipline Act 1982 (Cth) are invalid.2.Order that a writ of prohibition issue directed to the first defendant, Colonel Peter John Morrison, a Military Judge of the Australian Military Court, prohibiting him from proceeding further with the charges relating to the plaintiff identified in the charge sheet dated 8 August 2007 and referred to the Australian Military Court for trial.3.        Second defendant to pay the costs of the plaintiff.RepresentationA W Street SC with K S Cochrane and M J Duncan for the plaintiff (instructed by Provest Law) S J Gageler SC, Solicitor-General of the Commonwealth with S B Lloyd SC and J G Renwick for the second defendant (instructed by Australian Government Solicitor)Submitting appearance for the first defendantIntervenerG T W Tannin SC with J C Pritchard 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.CATCHWORDSLane v MorrisonConstitutional law (Cth) – Judicial power of the Commonwealth – Military courts – Member of Australian Defence Force charged under Defence Force Discipline Act 1982 (Cth) ("Act") – Where hearing before Australian Military Court ("AMC"),...