[naturalman1975]

This is a big deal - the AMC was set up to deal with a perceived risk of 'unfairness' in the previous Courts Martial system. Now it seems the civilian-based High Court is trying to assert a power over military justice, it has never had, by insisting any military court - and by extension any military tribunal - ever set up in Australia must act in the same way as a civil court.

[OneWingedShark]

Wow, that’s a BAD idea; especially here.

[Boogieman]

You cut out the best part of the article... how often do you get “Seaman” and “teabagging” in the same sentence in a news article?

[squidly]

the court was exercising judicial power in breach of the Constitution.

Our military courts do that every day of the week. Military justice isn't supposed to be the same as the civilian variety. I hope this doesn't give people here ideas, what with all those American jurists who are fans of using foreign legal precedents.

[Boogieman]

From the description of the one case though, it does seem there were some problems with this court. They were trying to charge a man with a criminal offense for a prank he (allegedly) pulled on his superior officer who was out drinking with him!

Also, if the judges are outside the chain of command, then who do they answer to? If it’s not a military authority, then how can they not be expected to answer to the requirements of a civillian court?