Read The Times Australia

Daily Bulletin

Government urges the High Court to hear citizenship cases in mid-September

  • Written by: Michelle Grattan, Professorial Fellow, University of Canberra
image

The government has asked the High Court to hear the dual citizenship cases of several current and former MPs on September 13-14, saying there is a “compelling public interest” for the matters to be determined as quickly as possible.

In a submission to the court on behalf of Attorney-General George Brandis, Solicitor-General Stephen Donaghue also flags that Brandis would seek to appear in the case. In practice, the attorney-general would be represented by the solicitor-general.

The matters raise important issues about the proper construction of Section 44 (i) of the Constitution, and attorneys-general have appeared in relevant previous cases, the submission says.

The High Court has a directions hearing on Thursday. Brandis said at the weekend that while the government would ask the court to deal with the citizenship issue urgently, “I think realistically that may be in the first fortnight of October”.

So far, two Nationals, Barnaby Joyce and Matt Canavan, two former Greens senators, Scott Ludlam and Larissa Waters, and One Nation senator Malcolm Roberts have been referred to the court. When parliament resumes the Nationals’ Fiona Nash and crossbencher Nick Xenophon will also be referred.

The submission says the Commonwealth has already obtained legal opinions from leading lawyers, in Italy on Canavan, and in New Zealand about Joyce.

“The experts conclude that, for the purposes of the domestic law of each country, senator Canavan and the Hon Barnaby Joyce MP are, or were, citizens of Italy and New Zealand respectively.

"The attorney-general understands that this conclusion will not be disputed in either reference.”

The government proposes also to seek opinions about the citizenship of the others referred to the court.

These would be sought from:

  • Laurie Fransman of the UK bar. He has already given an opinion on Nash, whose father was a Scot, and “it is anticipated that he could provide a further opinion in relation to senator Roberts very quickly”. There is dispute about whether Roberts has renounced his UK citizenship.

  • David Goddard of the New Zealand bar, in relation to Ludlam, who was born in New Zealand. Goddard provided the opinion on Joyce.

  • A suitable expert in Canadian law who could advise on Waters, who was born in Canada.

The government says to help expedite the hearing, it would be willing to accept a court order to pay other parties’ costs.

The government has said previously the individual MPs would be responsible for their own legal representation.

On the government’s suggested timetable, the parties would provide detailed information about their circumstances by September 1.

This would include dates and places of birth of themselves, their parents, and – if relevant – their grandparents. Also, they should provide relevant immigration details for themselves and their family, and details of acquisition of Australian citizenship and renunciation of any foreign citizenship.

They should give the date and circumstances of their becoming aware they were or may be a citizen of another country.

And, if applicable, they should provide “details of any formal interactions with the relevant foreign power” such as for passport purposes, voting in elections, offers of or receipt of consular or similar assistance, or any military service requested or undertaken.

The government says that to the extent possible the cases should be heard together. “In the event that factual issues arise that prevent one or more of the references from being ready to be heard with the others, that circumstance should not delay the expedited resolution of the other references.”

Authors: Michelle Grattan, Professorial Fellow, University of Canberra

Read more http://theconversation.com/government-urges-the-high-court-to-hear-citizenship-cases-in-mid-september-82846

Business News

The Growing Demand for Durable Plastic Packaging Supplies Across Australia

Why Do Australian Businesses Need Reliable Plastic Packaging Supplies? Businesses need packaging that can withstand everyday handling, storage, and distribution without creating avoidable delays. Pla...

Daily Bulletin - avatar Daily Bulletin

Office Cleaning Melbourne: Choosing the Right Scope for Your Office

A well-planned office cleaning Melbourne arrangement starts with a clear understanding of the premises and the people who use it. An office may include private work areas, shared desks, reception, mee...

Daily Bulletin - avatar Daily Bulletin

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

What Australian Entrepreneurs Should Know About Streamlining Their Financial Processes

Running a small business in Australia demands much more than just delivering a great product or serv...

Supporting Joint Health in Young and Growing Horses

Anyone who has raised a foal through to a rising three-year-old knows how deceptively fast the gro...

Why Is My Switchboard Buzzing? What a Humming Breaker Is Telling You

Most people never hear their switchboard. It sits quietly in a cupboard, a hallway or a meter box ou...

Solar Panels Geelong: Key Factors to Consider Before Installation

Solar power can help households and businesses generate electricity on site, but the value of a syst...

How Rats and Mice Get Into Homes Through Gaps Most People Miss

Rats and mice do not need an open door to get inside a home. They can squeeze through small openings...

Why a Safety Certified I/O Module Matters in Machine Design

Understanding Safety-Related I/O A safety certified I/O module is designed for use within an arch...

How to Compare Ceiling Fans online before Buying

Comparing ceiling fans online before making a purchase helps you understand how each model will su...

How Does a Portable Power Station for Carvan Adventures Support Smarter Camping?

Why Does Off-Grid Camping Need a Reliable Portable Power Station for Carvan Travel?  People often...

How Ecommerce Order Retail Fulfillment Services Improve Order Accuracy?

Why Order Accuracy Matters in Ecommerce Order Retail Fulfillment Services?  Order accuracy is one...