31 October 2010

This week in Congress (1 November 2010)

The following legislative activities, which affect U.S. servicemembers and veterans or concern military justice issues, are occurring this week in the U.S. Congress:

Congress is in recess until after the mid-term November election. The House returns on 15 November 2010 and the Senate will have pro forma sessions.

___________________

For this week in military justice go to CAAFlog here.

30 October 2010

This week in Parliament, Courts and Tribunals (1 November 2010)

The following legislative activities, which affect Australian servicemembers, veterans or concern military justice issues, relate to freedom of information or national security, are occurring this week in the Parliament of Australia:

Wednesday, 3 November 2010

Senate Legal and Constitutional Affairs References Committee, Review of Government compensation payments, Victorian Parliament Legislative Council Committee Room, time to be determined.

Thursday, 4 November 2010

Senate Legal and Constitutional Affairs References Committee, Human Rights Bill 2010, Victorian Parliament Legislative Council Committee Room, time to be determined.


High Court of Australia

High Court sits in Canberra on Tuesday, 2 November 2010. None of the cases involve issues relevant to this blog. To view the listings of hearings go here.

Federal Court of Australia (Full Court)

No cases this week that involve matters pertaining to this blog.

Defence Force Discipline Appeal Tribunal

The Tribunal next sits on 9 and 10 December 2010.


Veterans' Review Board


For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.

25 October 2010

This week in Congress (25 October 2010)

The following legislative activities, which affect U.S. servicemembers and veterans or concern military justice issues, are occurring this week in the U.S. Congress:

Congress is in recess until after the mid-term November election. The House returns on 15 November 2010 and the Senate will have pro forma sessions.

___________________

For this week in military justice go to CAAFlog here.

23 October 2010

This week in Parliament, Courts and Tribunals (25 Oct 2010)

The following legislative activities, which affect Australian servicemembers, veterans or concern military justice issues, relate to freedom of information or national security, are occurring this week in the Parliament of Australia:

There are no expected hearings in the Parliament this week relevant to the subject matter of this blog.

High Court of Australia

High Court sits in Canberra on 2 November 2010. None of the cases involve issues relevant to this blog. To view the listings of hearings go here.

Federal Court of Australia (Full Court)

No cases this week that involve matters pertaining to this blog.

Defence Force Discipline Appeal Tribunal

The Tribunal sits on 28 and 29 October 2010. [Note: I'm awaiting a reply from the Tribunal on what cases are listed for this week. Once I receive a reply I'll update this post.]


Veterans' Review Board


For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.

20 October 2010

Watson decision now available

The Australian Defence Force Discipline Appeal Tribunal has released the decision of Watson v Chief of Army [2010] AFDAT 3 which can be found here. The Tribunal quashed the conviction of absence without leave, engaging in insubordinate conduct and disobeying a lawful command on the grounds that the evidence was not admitted properly at trial. (Which the Government conceded on appeal.) The Tribunal directed that a verdict of not guilty be entered.

18 October 2010

Parliament begins debate today on war in Afghanistan

The Australian House of Representatives will begin debate today on the nine year war in Afghanistan. It is expected that debate will commence after question and answer time - approximately 1530 hours AEDT, 19 October 2010. To view the debate live go here.

17 October 2010

The Returned & Services League of Australia makes a submission on Military Court of Australia Bill 2010

Last week the Returned & Services League of Australia, or RSL, made this submission on the Military Court of Australia Bill 2010. (Disclaimer: I am a member of the RSL.) The submission points out numerous concerns in the current language of the bill.

One notable concern is:
that ‘charges of service offences are to be dealt with otherwise than on indictment', the legislation denies service members accused of serious service offences the right of trial by jury.This is at odds with the norms of contemporary Australian society which hold that servicemembers are citizens and should enjoy all the privileges and rights of citizens including having the right of trial by jury when accused of serious service offences.
The RSL argues the bill should be amended and redrafted to take into account the numerous issues it has raised.

[Note: I applaud the leadership of the RSL's new National President Rear Admiral Ken Doolan in ensuring the RSL has a voice in this important issue.]

This week in Congress (18 Oct 2010)

The following legislative activities, which affect U.S. servicemembers and veterans or concern military justice issues, are occurring this week in the U.S. Congress:

Congress is in recess until after the mid-term November election. The House returns on 15 November 2010 and the Senate will have pro forma sessions.

___________________

For this week in military justice go to CAAFlog here.

16 October 2010

This week in Parliament, Courts and Tribunals (18 Oct 2010)

The following legislative activities, which affect Australian servicemembers, veterans or concern military justice issues, relate to freedom of information or national security, are occurring this week in the Parliament of Australia:

**The House of Representatives to begin debate on the nine year war in Afghanistan this week. Debate is expected to begin on Tuesday, 19 October 2010 at 1530 hours AEDT and go through the week. On Tuesday the Prime Minister and the Opposition Leader are expected to debate followed by other Members of Parliament during the week.

Tuesday, 19 October 2010

Senate Standing Legislation Committee: Foreign Affairs, Defence & Trade, Defence Estimates, 0900 - 2300 hours, HMS 10, to view the live webcast go here.

High Court of Australia

High Court sits in Perth on 18 October 2010, and then in Canberra on 2 November 2010. None of the cases involve issues relevant to this blog. To view the listings of Perth hearings go here and Canberra hearings go here.

Federal Court of Australia (Full Court)

Tuesday, 19 October 2010

Repatriation Commission v. Malady [2010] FCA 798 (30 July 2010). Commission appeals a lower tribunal decision. The issue is whether a reasonable hypothesis connecting disability with eligible war service entitles veteran to a disability pension under Veterans' Entitlements Act 1986.

Wednesday, 20 October 2010


Rana v Repatriation Commission [2010] FCA 280 (26 March 2010). Case involves the Veterans' Entitlements Act 1986 and whether the veteran is entitled to a pension under IV of the Act.

Defence Force Discipline Appeal Tribunal

The Tribunal currently is currently in recess and next sits on 28 and 29 October 2010.


Veterans' Review Board


For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.

12 October 2010

Federal judge issues injunction on Clinton-era Don't Ask, Don't Tell policy

Today a U.S. District Court Judge in the federal central district of California, after a trial, issued this order enjoining the U.S. military from enforcing the Clinton-era Don't Ask, Don't Tell policy. Log Cabin Republicans, a non-profit organization based in Washington, DC brought the lawsuit challenging the constitutionality of DADT.

10 October 2010

This week in Congress (11 Oct 2010)

The following legislative activities, which affect U.S. servicemembers and veterans or concern military justice issues, are occurring this week in the U.S. Congress:

Congress is in recess until after the mid-term November election. The House returns on 15 November 2010 and the Senate will have pro forma sessions.

___________________

For this week in military justice go to CAAFlog here.

09 October 2010

This week in Parliament, Courts and Tribunals (11 Oct 2010)

The following legislative activities, which affect Australian servicemembers, veterans or concern military justice issues, relate to freedom of information or national security, are occurring this week in the Parliament of Australia:

The House next sits on 18 October 2010, and the Senate next sits on 25 October 2010. There are no committee meetings in either houses pending this week which relate to the subject matter of this blog.

High Court of Australia

High Court next sits in Perth on 18 October 2010, and then in Canberra on 2 November 2010. None of the cases involve issues relevant to this blog. To view the listings of Perth hearings go here and Canberra hearings go here.

Federal Court of Australia (Full Court)

No hearings this week by the Full Court involving subject matters of this blog are scheduled this week.

Defence Force Discipline Appeal Tribunal

The Tribunal currently is currently in recess and next sits on 28 and 29 October 2010.


Veterans' Review Board


For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.

04 October 2010

This week in Congress (4 Oct 2010)

The following legislative activities, which affect U.S. servicemembers and veterans or concern military justice issues, are occurring this week in the U.S. Congress:

Congress is in recess until after the mid-term November election. The House returns on 15 November 2010 and the Senate will have pro forma sessions.

___________________

For this week in military justice go to CAAFlog here.

03 October 2010

This week in Parliament, Courts and Tribunals (4 Oct 2010)

The following legislative activities, which affect Australian servicemembers, veterans or concern military justice issues, relate to freedom of information or national security, are occurring this week in the Parliament of Australia:

Parliament is sitting this week but there are no hearings or debates scheduled related to the subject matter of this blog.

High Court of Australia

High Court next sits in Perth on 18 October 2010, and then in Canberra on 2 November 2010. None of the cases involve issues relevant to this blog. To view the listings of Perth hearings go here and Canberra hearings go here.

Federal Court of Australia (Full Court)

Tuesday, 5 October 2010

Kowalski v. Repatriation Commission [2010] FCA 409, SAD55/2010

Defence Force Discipline Appeal Tribunal

The Tribunal currently is currently in recess and next sits on 28 and 29 October 2010.


Veterans' Review Board


For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.