In the matter of questions referred to the Court of Disputed Returns pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth) concerning
Ms Larissa Waters
Case No.
C13/2017
Related matters:
C11/2017 – Senate Reference Re Senator the Hon. Canavan
C12/2017 – Senate Reference Re Mr Ludlam
C14/2017 – Senate Reference Re Senator Roberts
C15/2017 – House of Representatives Reference Re: The Hon Mr Joyce MP
C17/2017 – Senate Reference Re Senator the Hon. Nash
C18/2017 – Senate Reference Re Senator Xenophon
Case Information
Catchwords
Questions referred by the Senate - Court of Disputed Returns - Commonwealth Electoral Act 1918 (Cth) - s376, s377 - Qualification of Senator - Constitution - s44(i)
Questions:
- whether by reason of s 44(i) of the Constitution there is a vacancy in the representation of Queensland in the Senate for the place for which Senator Waters was returned;
- if the answer to Question (a) is “yes”, by what means and in what manner that vacancy should be filled;
- if the answer to Question (a) is “no”, is there a causal vacancy in the representation of Queensland in the Senate within the meaning of s 15 of the Constitution; and
- what directions and other orders, if any, should the Court make in order to hear and finally dispose of this reference.
Documents
10/08/2017 Reference from the President of the Senate
24/08/2017 Hearing – Determination (Single Justice, Brisbane v/link Melbourne and Sydney)
24/08/2017 Hearing – Directions (Single Justice, Brisbane v/link Melbourne and Sydney)
15/09/2017 Hearing (Single Justice, Canberra v/link Melbourne and Sydney)
26/09/2017 Written submissions (Attorney-General of the Commonwealth)
26/09/2017 Chronology
28/09/2017 Written submissions (Ms Waters)
06/10/2017 Reply (Attorney-General of the Commonwealth)
10/10/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
11/10/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
12/10/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
27/10/2017 Judgment (Judgment Summary)
03/11/2017 Hearing (Single Justice, Canberra)
10/11/2017 Hearing (Single Justice, Canberra)
In the matter of questions referred to the Court of Disputed Returns pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth) concerning
Mr Scott Ludlam
Case No.
C12/2017
Related matters
C11/2017 – Senate Reference Re Senator the Hon Canavan
C13/2017 – Senate Reference Re Ms Waters
C14/2017 – Senate Reference Re Senator Roberts
C15/2017 – House of Representatives Reference Re: The Hon Mr Joyce MP
C17/2017 – Senate Reference Re Senator the Hon. Nash
C18/2017 – Senate Reference Re Senator Xenophon
Case Information
Catchwords
Questions referred by the Senate - Court of Disputed Returns - Commonwealth Electoral Act 1918 (Cth) - s376, s377 - Qualification of Senator - Constitution - s44(i)
Questions:
- whether by reason of s 44(i) of the Constitution there is a vacancy in the representation of Western Australia in the Senate for the place for which Senator Ludlam was returned;
- if the answer to Question (a) is “yes”, by what means and in what manner that vacancy should be filled;
- if the answer to Question (a) is “no”, is there a causal vacancy in the representation of Western Australia in the Senate within the meaning of s 15 of the Constitution; and
- what directions and other orders, if any, should the Court make in order to hear and finally dispose of this reference.
Documents
10/08/2017 Reference from the President of the Senate
24/08/2017 Hearing – Determination (Single Justice, Brisbane v/link Melbourne and Sydney)
24/08/2017 Hearing – Directions (Single Justice, Brisbane v/link Melbourne and Sydney)
15/09/2017 Hearing (Single Justice, Canberra v/link Melbourne and Sydney)
26/09/2017 Written submissions (Attorney-General of the Commonwealth)
26/09/2017 Chronology
28/09/2017 Written submissions (Mr Ludlam)
06/10/2017 Reply (Attorney-General of the Commonwealth)
10/10/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
11/10/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
12/10/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
27/10/2017 Judgment (Judgment Summary)
03/11/2017 Hearing (Single Justice, Canberra)
10/11/2017 Hearing (Single Justice, Canberra)
In the matter of questions referred to the Court of Disputed Returns pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth) concerning
Senator the Hon. Matthew Canavan
Case No.
C11/2017
Related matters:
C12/2017 – Senate Reference Re Mr Ludlam
C13/2017 – Senate Reference Re Ms Waters
C14/2017 – Senate Reference Re Senator Roberts
C15/2017 – House of Representatives Reference Re: The Hon Mr Joyce MP
C17/2017 – Senate Reference Re Senator the Hon. Nash
C18/2017 – Senate Reference Re Senator Xenophon
Case Information
Catchwords
Questions referred by the Senate - Court of Disputed Returns - Commonwealth Electoral Act 1918 (Cth) - s376, s377 - Qualification of Senator - Constitution - s44(i)
Questions:
- whether, by reason of s 44(i) of the Constitution, there is a vacancy in the representation of Queensland in the Senate for the place for which Senator Matthew Canavan was returned;
- if the answer to Question (a) is “yes”, by what means and in what manner that vacancy should be filled;
- what directions and other orders, if any, should the Court make in order to hear and finally dispose of this reference; and
- what, if any, orders should be made as to the costs of these proceedings.
Documents
10/08/2017 Reference from the President of the Senate
24/08/2017 Hearing – Determination (Single Justice, Brisbane v/link Melbourne and Sydney)
24/08/2017 Hearing – Directions (Single Justice, Brisbane v/link Melbourne and Sydney)
15/09/2017 Hearing (Single Justice, Canberra v/link Melbourne and Sydney)
26/09/2017 Written submissions (Attorney-General of the Commonwealth)
27/09/2017 Chronology
28/09/2017 Written submissions (Senator Canavan)
03/10/2017 Written submissions (Mr Kennett as Amicus Curiae)
06/10/2017 Reply (Attorney-General of the Commonwealth)
10/10/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
11/10/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
12/10/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
27/10/2017 Judgment (Judgment Summary)
Australian Marriage Equality Ltd & Anor v. Minister for Finance Mathias Cormann & Anor
Case No.
M106/2017
Related matter:
M105/2017 - Wilkie & Ors v. The Commonwealth of Australia & Ors
Case Information
Catchwords
Constitutional law – Constitution ss 54, 75(v), 83 – Postal survey of opinions on same-sex marriage – Where Advance to the Finance Minister Determination (No 1 of 2017-2018) (“Determination”) increased departmental item for Australian Bureau of Statistics by $122m to make funding available for “voluntary postal plebiscite” – Whether Determination invalid because Appropriation Act (No 1) 2017-2018 (Cth) s 10 does not authorise Minister to make determination amending sch 1 of Act to appropriate funds for expenditure outside “ordinary annual services” of government – Whether Determination invalid because expenditure not “unforeseen” within meaning of s 10(1)(b).
Documents
10/08/2017 Writ of summons
10/08/2017 Statement of claim
10/08/2017 Notice of constitutional matter (Plaintiffs)
11/08/2017 Hearing (Single Justice, Sydney v/link Melbourne)
14/08/2017 Amended Statement of claim
16/08/2017 Defence (First Defendant)
16/08/2017 Submitting Appearance (Second Defendant)
17/08/2017 Hearing (Single Justice, Brisbane v/link Melbourne & Sydney)
21/08/2017 Special case
23/08/2017 Written submissions (Plaintiffs)
23/08/2017 Chronology
30/08/2017 Written submissions (First Defendant and Commonwealth Attorney-General intervening)
01/09/2017 Reply
05/09/2017 Hearing (Full Court, Melbourne) (Audio-visual recording)
06/09/2017 Hearing (Full Court, Melbourne) (Audio-visual recording)
07/09/2017 Hearing - Pronouncement of orders (Full Court, Melbourne)
28/09/2017 Judgment
Wilkie & Ors v. The Commonwealth of Australia & Ors
Case No.
M105/2017
Related matter:
M106/2017 – Australian Marriage Equality Ltd & Anor v. Minister for Finance Mathias Cormann & Anor
Case Information
Catchwords
Constitutional law – Constitution ss 51(xi), 61, 75(iii), 75(v) – Postal survey of opinions on same-sex marriage – Where Advance to the Finance Minister Determination (No 1 of 2017-2018) (“Determination”) increased departmental item for Australian Bureau of Statistics by $122m to make funding available for “voluntary postal plebiscite” – Whether Determination invalid because Minister’s satisfaction “urgent need for expenditure” under Appropriation Act (No 1) 2017-2018 (Cth) s 10(1) not reasonable or involved error of law – Whether s 10(1), (2) and (4) of Act invalid as impermissible exercise of legislative power or impermissible delegation of legislative power to Minister – Whether Census and Statistics (Statistical Information) Direction 2017 (“Direction”) invalid on basis opinions sought not “statistical information” within meaning of Australian Bureau of Statistics Act 1975 (Cth) or Census and Statistics Act 1905 (Cth) and not “statistics” within meaning of Constitution s 51(xi) – Whether Direction invalid because opinions sought not related to matters prescribed by Census and Statistics Regulation 2016 (Cth) s 13 – Whether Electoral Commissioner not authorised by Commonwealth Electoral Act 1918 (Cth) to conduct or participate in conduct of postal survey – Whether s 61 permits Australian Statistician to carry out postal survey without statutory authorisation.
Documents
10/08/2017 Application for an order to show cause
10/08/2017 Notice of constitutional matter (Plaintiffs)
11/08/2017 Hearing (Single Justice, Sydney v/ link Melbourne)
14/08/2017 Amended Application for an order to show cause
16/08/2017 Appearance (Defendant 4, Submitting)
17/08/2017 Hearing (Single Justice, Brisbane v/link Melbourne & Sydney)
23/08/2017 Written submissions (Plaintiffs)
23/08/2017 Chronology
30/08/2017 Written submissions (First to Third Defendants)
01/09/2017 Reply
05/09/2017 Hearing (Full Court, Melbourne) (Audio-visual recording)
06/09/2017 Hearing (Full Court, Melbourne) (Audio-visual recording)
07/09/2017 Hearing - Pronouncement of orders (Full Court, Melbourne)
28/09/2017 Judgment