Australian Military Court

The Australian Military Court (AMC) was a military service tribunal established in 2007 with the primary aim of maintaining military justice within the Australian Defence Force. In August 2009, the High Court of Australia ruled that the AMC was unconstitutional according to the Constitution of Australia, putting the 171 cases the court had tried in doubt. In May 2010, the Australian Government announced a new Military Court of Australia (MCA) to replace the provisional system established after the dissolution of the AMC and to provide an appropriate Military judiciary for the Australian Defence Force.

The Australian Military Court was created when the Parliament of Australia passed the Defence Legislation Amendment Bill 2006, adding Section 114 to the Defence Force Discipline Act 1982, and commenced on 1 October 2007. It replaced the previous systems of individually convened trial by court-martial or defence force magistrate.

The Australian Military Court consisted of a Chief Military Judge, two permanent Military Judges, and a part-time panel of reserve Military Judges. The first Chief Military Judge was Brigadier Ian Westwood, who was sworn in with the two Permanent Military Judges (Colonel Peter Morrison and Lieutenant Colonel Jennifer Woodward) on 1 October 2007.

Depending on the nature and severity of the offence, the Defence Force Discipline Act made provision for cases to be tried before a single judge, or in more serious cases (such as those committed in the face of the enemy, mutiny, desertion or commanding a Service offence), a jury. Although based in Canberra, the AMC was able to conduct trials anywhere in Australian territories and overseas in operational areas where Australian forces were serving.

The constitutional validity of the Australian Military Court was successfully challenged in the High Court of Australia by a former Royal Australian Navy Leading Seaman, in the case Lane v Morrison commencing on 16 January 2009.

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