Judicial officers appointed to the new Military Court of Australia will have the same independence and constitutional protections that apply in other federal courts. ... This new structure will achieve a more integrated and efficient system in order to effectively deliver legal and justice services to both the civilian and defence community.

The new military courts would replace the interim arrangements that had been in use after the Australian Military Court (AMC) [Department of Defense backgrounder] was found unconstitutional [judgment text; JURIST report] by the High Court of Australia [official website] in August. The High Court held that the AMC employed the judicial power of the Commonwealth while AMC judges functioned within the hierarchy of the military, violating chapter three of the Australian Constitution [text]. The ruling cast doubt on approximately 170 cases that the AMC had ruled on since its inception in 2007. The case that prompted the ruling was brought as an appeal by sailor Brian Lane over a 2005 charge of indecent assault on a superior officer. Lane had argued [The Australian report] that the AMC did not have jurisdiction over the case and that the legislation creating the court was invalid. In response to the ruling, Faulker said that the previous military justice system would be reinstated [press release], which consisted mainly of trials by court martial and ADF magistrates. The AMC was established by the government of former prime minister John Howard [BBC profile] after a series of Senate Committee reports were critical of the system of military justice and recommended extensive changes.