The High Court of Australia today denied Bernard Gaynor's application for leave to appeal in Gaynor v. Chief of Defence Force, with costs. Background here; excerpt from the latest news:
During a complex hearing at the High Court in Brisbane on Friday, Justices Anthony Keane and James Edelman were told the appeal against the Chief of Defence Force's decision hinged, in part, on military regulations about the suitability of officers to serve.
Those included following orders and official ADF policy, which prohibits its members making political statements.
Mr Gaynor had argued he wasn't in uniform, on base or assignment when he made the comments and as a reservist had a different status to a regular officer.
The High Court Justices, however, said that sufficient grounds to establish special leave to appeal the federal court ruling had not been made out and dismissed the appeal.
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