Re Canavan; Re Ludlam; Re Waters; Re Roberts [No 2]; Re Joyce; Re Nash; Re Xenophon [2017] HCA 45

Facts In 2017, it was discovered that various federal Australian politicians were in possible breach of section 44(i) of the Constitution.  This was because they appeared to be dual citizens. These politicians were: Matt Canavan (Italian citizenship); Barnaby Joyce (New […]

Commonwealth v ACT (2013) 250 CLR 441 (“The Same-sex Marriage Case”)

Facts Section 51(xxi) of the Constitution provides the Federal Parliament with power to make laws with respect simply to “marriage”. In 2013, the ACT Legislative Assembly passed The Marriage Equality (Same Sex) Act 2013 (ACT) (Equality Act).  This authorised same-sex marriages. […]

Re Residential Tenancies Tribunal of NSW v Henderson; Ex parte Defence Housing Authority (1997) 190 CLR 410

Facts Dr Henderson owned a house which was leased by the Defence Housing Authority (DHA). Under s 5(1) of the Defence Housing Authority Act (Cth), the function of the DHA is to provide adequate and suitable housing for members of the […]