High Court of Australia

Re Canavan [2017] HCA 45

Re Ludlam

Re Waters

Re Roberts [No 2]

Re Joyce

Re Nash

27 Oct 2017

Case Number: C11/2017 C12/2017 C13/2017 C14/2017 C15/2017 C17/2017 C18/2017


Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJ


Constitutional law (Cth) – Parliamentary elections – References to Court of Disputed Returns – Where referred persons elected to Commonwealth Parliament – Where evidence to suggest each held dual citizenship at date of nomination for election – Whether each person incapable of being chosen or of sitting as senator or member of House of Representatives by reason of s 44(i) of Constitution – Proper construction of s 44(i) of Constitution – Whether s 44(i) contains implied mental element in relation to acquisition or retention of foreign citizenship – Whether each person subject or citizen of foreign power or entitled to rights or privileges of subject or citizen of foreign power for purposes of s 44(i).

Words and phrases – "a subject or a citizen … of a foreign power", "constitutional imperative", "foreign citizenship", "incapable of being chosen", "knowledge", "natural-born", "naturalised", "reasonable steps", "voluntariness", "voluntary act", "wilful blindness".

Constitution – ss 16, 34, 44(i), 45(i).

Commonwealth Electoral Act 1918 (Cth) – ss 163, 376.

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