A soldier accused of assaulting his former partner in a hotel room has lost a bid to stop a military court from dealing with him over the alleged offence.
The man, who cannot be identified for legal reasons but has been dubbed Private R, allegedly grabbed the woman - a member of the air force - by the throat and pushed her against the wall, shaking her and yelling at her.
When she broke free, he allegedly tackled her to the ground, placed his knees on her chest and choked her until two security guards came into the room.
Private R and the woman had both been at a birthday party in Brisbane's Fortitude Valley in August 2015.
It is alleged that he had made unwanted advances towards her during the night.
Neither was on duty or in uniform at the time of the alleged assault.
Private R went to the High Court to challenge the jurisdiction of Defence Force magistrate Brigadier Michael Cowen to try him after he was charged with one count of assault occasioning actual bodily harm on June 12, 2019.
But his bid was dismissed unanimously by the court on Wednesday, with High Court justices finding that obliging defence members to obey the law is a valid exercise of the defence power.