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Court Martials

2. How a Lawyer Can Help

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 13 Jul 2015
    2. How a Lawyer Can Help
  • A military lawyer is knowledgeable in both civil and military law.
  • Offences that are not uniquely military in nature are usually dealt with by the normal civil or criminal courts and offences that are uniquely military in nature are subject to a court martial.
  • A military lawyer will advise you of the details of the Defence Force Discipline Act 1982 (Cth) such as the likely penalties for offences and any appeal rights you may have.
  • Depending on the offence a military lawyer may draft legal documents for you, prepare you for court martial and represent you. If the offence was committed outside Australian shores they can advise you of any international law issues such as international air and space law and law of the sea.
  • Military lawyers may also prepare reports for reviews of proceedings and advise and train commanders and ADF members involved in the military discipline process.
  • Military lawyers provide advice on employment law matters such as anti-discrimination, workplace health and safety and injury compensation.
  • Although ADF members have access to free legal advice through their employment this is usually for service-related legal issues. Legal advice on personal matters of ADF members is limited.

If you need legal advice on any personal matters it is best to seek an independent lawyer

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