Friday, August 12, 2011

High Court of Australia Upholds 2009 Military Justice Interim Measures Legislation

In decisions handed down on August 10, 2011, Haskins v. Commonweath [2011] HCA 28, and Nicholas v. Commonwealth [2011] HCA 29, the High Court of Australia held that a saving provision of the Military Justice (Interim Measures) Act (No. 2) 2009 (Cth) was valid and provided lawful authority for action taken under legislation ruled unconstitutional in Lane v. Morrison (2009) 239 CLR 230, [2009] HCA 29. Justice Heydon dissented in each case.