Tag: disqualification

The Parliament, the Court of Disputed Returns, and the Solicitor-General

BY GABRIELLE APPLEBY

In those final days of August, when we watched, once again, an Australian political party overthrow the leader who led it to its last electoral victory, serious questions were raised about the eligibility of the protagonist, Mr … Read the rest

Dressing Dutton Up as Lamb – Section 44 and the Competing Arguments for Disqualification and Exoneration of Peter Dutton

Anne Photos 003By ANNE TWOMEY

While the failure of Peter Dutton’s leadership challenge took some heat out of the question of his potential disqualification from Parliament, it left unresolved whether his seat has been vacated due to a breach of s 44 … Read the rest

“Exclusive Cognisance” and Cognitive Dissonance: Alley v Gillespie

BY TONY BLACKSHIELD

Section 44 of the Constitution – which provides that various categories of persons are incapable of being chosen to sit in the federal Parliament – has been the subject of extraordinary controversy since 2017. In this post, Read the rest

Seven Little Australians

BY TONY BLACKSHIELD

Senator Nick Xenophon is OK. Although it employs the word “Citizen”, his status as a “British Overseas Citizen” confers such limited rights and privileges that it does not amount to “citizenship”.

Senator Matt Canavan is OK because … Read the rest

‘Incapable of being chosen’

BY TONY BLACKSHIELD

At the federal election on 2 July, Rod Culleton was among the more attractive candidates for Pauline Hanson’s One Nation – cheerfully free from any sign of cultural and ethnic prejudice, and given to enjoyably flamboyant flourishes … Read the rest

Another Day in Court: The purpose and interpretation of section 44(v)

oscar-roos BY OSCAR ROOS

Today the High Court will sit as the Court of Disputed Returns and hold a directions hearing in relation to the former South Australian senator, Bob Day. The directions hearing will be held because on 7 November … Read the rest

Void or Vacant? The Vibes of Vardon

BlackshieldBY TONY BLACKSHIELD

In the wake of the recent federal election, the final date for return of the writs was Monday 8 August; and despite the absence of the Governor-General (at the Olympic Games), that deadline was met. (In his … Read the rest

Apprehended bias: a public critique of the fair-minded lay observer

Anna Olijnyk

BY ANNA OLIJNYK

The controversy surrounding Royal Commissioner Dyson Heydon AC QC has exposed the rule against apprehended bias to public scrutiny. And the public was not wholly impressed by what it saw.

Public lawyers should care about this: the … Read the rest

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