Lane v Morrison

The plaintiff, Lane, sought an order to show cause against the defendant, Colonel Peter John Morrison, a Military Judge of the Australian Military Court, and the second defendant, the Commonwealth of Australia. The dispute concerned the constitutional validity of aspects of the military justice system, specifically relating to the defence power. The matter came before the High Court of Australia in its original jurisdiction.

The primary legal issue before the Court was whether the plaintiff's application for an order to show cause, which challenged the constitutional basis of the military justice system, disclosed an arguable case. This involved determining whether certain grounds of the application had sufficient merit to warrant further consideration by the Court. A secondary issue concerned the proper procedure for notifying Attorneys-General under section 78B of the Judiciary Act 1903 (Cth), including the scope of information that must be included in such notices.

French CJ considered the plaintiff's application and determined that while some grounds of the application were not arguable and were therefore dismissed, other grounds did raise substantial constitutional questions. His Honour ordered that the application, in relation to grounds 1, 2, 3, and 6, be referred for further hearing by a Full Court. The Court also addressed procedural matters, including amending the name of the first defendant and requiring the plaintiff to file and serve a revised section 78B notice, along with specific directions for the filing of submissions and the preparation of court materials.

The Court made several orders, including dismissing certain grounds of the application, referring others for a Full Court hearing, and setting out a revised timetable for further proceedings. Costs were reserved as costs in the cause.