Australian Military Court - What Was that All About?

The practice of military discipline is one of the most formalised and public means by which the Australian Defence Force (‘ADF’) expresses the ethics of its service. It defines not only the behaviour which is condemned most severely in those who serve, but also, in its provision for trial and judgment, the opportunity for all its participants to demonstrate the values prized most highly, among them integrity and honour. The need for improvement, and perhaps moreover, reform of the military discipline system, led to the creation of the Australian Military Court (‘AMC’) in 2007, which was famously struck down as unconstitutional by the High Court of Australia in the 2009 case of Lane v Morrison. This paper discusses the history of the Australian Military Court and developments in military justice since its demise.