Practice area
Military & Defence Law
Acting for ADF members and families in service discipline, courts martial, complaints about service decisions and inquiries into ADF deaths.
Jurisdiction
Tasks
GreenLawyer reviewYellowClose supervisionRedLawyer-led
| Task | How AI is used | Human involvement | What the lawyer must review |
|---|---|---|---|
| Build the service discipline matter register | From the infringement notice, charge sheet, convening orders and correspondence the lawyer uploads, extract the offence, the forum, each election deadline, hearing dates and review or appeal dates, with the source page. | GreenLawyer review | The lawyer checks each entry and deadline against the document and diarises them. |
| Advise a member on an infringement notice under the discipline scheme | From the infringement notice, extract the infringement alleged, the election deadline and the consequences the notice states into a table. The tool does not write the advice. | RedLawyer-led | The lawyer advises whether to elect to be dealt with under the infringement scheme, what the deemed admission means, and the alternative of being dealt with by charge. |
| Advise a member on electing trial by court martial or Defence Force magistrate | From the charge and the brief, extract the charges, the maximum punishments and the evidence relied on into a table. The tool does not write the advice. | RedLawyer-led | The lawyer advises whether to elect trial by a superior service tribunal, the procedural and punishment differences, and the timing of the election. |
| Prepare an ADF member's statement for a service tribunal or inquiry | The tool writes nothing in the statement. It may list the documents the member refers to in a strictly tabular, source-tagged list, using only material cleared for that use. | RedLawyer-led | The lawyer takes the member's account in their own words, advises on privilege and self-incrimination, and confirms it reflects the member's own recollection before it is signed. |
| Index the investigation and inquiry material for an ADF member | Index the Military Police, unit and inquiry material the member is entitled to hold, by date, author, type and classification, without summarising content. | GreenLawyer review | The lawyer checks the index, confirms the member may hold each item, and decides what may be used in the defence or complaint. |
| Prepare a redress of grievance complaint about a service decision | Working with the lawyer from the decision, the member's records and instructions, draft the complaint identifying the decision, why it is wrong or unfair, and the remedy sought. | YellowClose supervision | The lawyer settles the complaint, checks every fact against the records, confirms it is lodged in time and through the right channel, and confirms the member approves it. |
| Prepare a request for review of a service tribunal conviction or punishment | Working with the lawyer from the record of proceedings and the punishment, draft the request for review with the grounds and the outcome sought. | YellowClose supervision | The lawyer decides the grounds, checks each against the record, and confirms the request is made in time and to the right reviewing authority. |
| Prepare an appeal to the Defence Force Discipline Appeal Tribunal | Working with the lawyer from the conviction, the record and the review outcome, draft the notice of appeal and the grounds with references to the record. | YellowClose supervision | The lawyer decides whether an appeal lies and on what grounds, checks every reference to the record and any authority cited, and confirms the time limit. |
| Advise a family on an IGADF inquiry into the death of an ADF member | From the IGADF's correspondence, extract the inquiry's scope, timetable and the family's opportunities to participate into a table. The tool does not write the advice. | RedLawyer-led | The lawyer advises the family on participation, information they may receive, the relationship with any coronial inquest, and support available, and records their instructions. |
Firm-wide obligations
Checks that apply across files.
Trust accounting & handling client moneyCosts, billing & litigation fundingClient-facing & access-to-justice AI toolsIncoming evidence — deepfakes & synthetic documentsAI decision systemsConfidentiality & client informationAML/CTF — the practice as a reporting entity
Guidance for this area
| Topic | Guidance |
|---|---|
| How this work usually runs | A military law matter usually starts with a member contacting a lawyer after an incident: an infringement notice, a charge under the Defence Force Discipline Act 1982, an investigation by Military Police, an adverse administrative decision about their service, or a family seeking answers after a death. For discipline, the lawyer identifies the offence, the forum (the infringement scheme, a summary authority, or a superior service tribunal such as a Defence Force magistrate or court martial, with the Director of Military Prosecutions deciding whether to prosecute serious matters), and the elections open to the member, including electing trial by court martial or Defence Force magistrate. The member's account is taken carefully, privilege and rights are explained, and the lawyer prepares for the hearing within the Defence Charter for Military Justice Proceedings. After a conviction, there is internal review of service tribunal proceedings, further review, and appeal to the Defence Force Discipline Appeal Tribunal, with the Judge Advocate General providing the final legal review within the ADF. For decisions affecting service, the member may lodge a redress of grievance, which the IGADF considers, or complain to the IGADF about military justice failures, victimisation or bullying. After a death in service, the IGADF may inquire, and the family needs advice on participation alongside any civilian coronial process. Throughout, classification and restrictions on Defence material govern what can be used and where. |
| Why military law is its own area | ADF members are subject to a separate discipline statute, the Defence Force Discipline Act 1982, with its own offences, infringement scheme, summary and superior service tribunals, prosecutor, review and appeal tribunal, and to complaint and inquiry systems that civilians never meet. Members, families and specialist firms deal with it, often under time pressure from the chain of command. The AI questions are specific: much of the material is classified or restricted, and the member's own account is evidence in a disciplinary system. |
| Keep classified and restricted material out of tools | Service records, investigation material and operational details may be classified or subject to Defence restrictions. Confirm the classification and the conditions on disclosure before any of it is copied, uploaded or summarised, and use only systems approved for that material. |
| Elections are made early and have consequences | Under the Act a member dealt with by an infringement notice may elect to be dealt with under the infringement scheme, and is then taken to admit the infringement only for that purpose. A member charged before a summary authority may elect trial by court martial or Defence Force magistrate. Advise on each election before it is made, from the notice and the Act, not from a summary. |
| Use the complaint channel that fits | The IGADF sits outside the chain of command, considers every redress of grievance complaint, investigates military justice failures, and conducts inquiries into the deaths of ADF members. Choose between a redress of grievance, a complaint to the IGADF and review or appeal of a service tribunal decision by what the member wants changed. |
Precedents for this area
- Form
Service discipline matter register and material index (ADF member)
A register for an ADF member's discipline or administrative matter: charges or decisions, service tribunal dates, automatic review, petition and appeal deadlines, redress of grievance steps, and an index of investigation and inquiry material received.
AI use Green - Letter
Redress of grievance complaint about a service decision (Defence Regulation 2016 Part 7)
A structured redress of grievance complaint by an ADF member about a decision, act or omission in their service: the decision, why it is wrong or unfair, the steps taken, and the remedy sought, with a checklist drawn from the IGADF redress of grievance guidance.
AI use Yellow - Letter
Petition to a reviewing authority for review of a service tribunal conviction or punishment (DFDA s 153)
A petition by a convicted ADF member to a competent reviewing authority under s 153 of the Defence Force Discipline Act 1982 (Cth), lodged within 30 days after notice of the automatic review result, setting out the grounds and the relief sought.
AI use Yellow - Checklist
Appeal to the Defence Force Discipline Appeal Tribunal: time limit and filing checklist
A checklist for an appeal or application for leave to appeal to the Defence Force Discipline Appeal Tribunal: the 30-day period in s 21 of the Defence Force Discipline Appeals Act 1955 (Cth), Form 1, extensions, filing under the Practice Direction, and grounds.
AI use Yellow
All precedents for Military & Defence Law. Signed-in accounts can read the full text.