In the matter of an Application for a Writ of Prohibition against Major R.R.S Tracey a Defence Force Magistrate; Ex Parte Desmond James Ryan

This matter concerns an application for a writ of prohibition brought before the High Court of Australia. The applicant, Desmond James Ryan, sought to prohibit Major R.R.S. Tracey, a Defence Force Magistrate, from proceeding with certain proceedings. The Commonwealth of Australia was also a party to the proceedings.

The central legal issue before the Court was the scope and nature of disciplinary matters within the Australian armed forces. Specifically, the Court was required to consider what constitutes a disciplinary offence and the extent of the discipline that can be imposed on service personnel, particularly in relation to the relationship between service members and the Crown. This involved an examination of the obligations arising from enlistment and the distinction between ordinary criminal charges and disciplinary offences.

The Court considered the submissions regarding the concept of discipline in the armed forces, which arises from the relationship between service personnel and the Crown. This relationship entails an obligation of obedience to legislative provisions governing the armed forces and to lawful orders of superior officers. This obligation is enforced through disciplinary punishment. The Court referenced the decision in *The Commonwealth v Quince*, noting that a soldier, and by extension an airman, upon enlistment, surrenders their right to vacate their service and is no longer *sui juris* to contract other obligations or exercise rights of citizenship that conflict with their duty of implicit obedience. This duty extends to all aspects of their civil relations, loyalty, and behaviour, as dictated by military law, which encompasses both written law and lawful orders issued by commanding officers.