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Williams v. Commonwealth of Australia & Ors

Case No. S154/2013
Case information

Catchwords

Constitutional law - Powers of Commonwealth Parliament - Commonwealth entered funding agreement with Scripture Union of Queensland for provision of chaplaincy services at State school ("Funding Agreement") ? Whether Appropriation Acts authorised Funding Agreement - If not, whether s 32B of Financial Management and Accountability Act 1997 (Cth) ("FMA Act") or Part 5AA and Schedule 1AA of Financial Management and Accountability Regulations 1997 ("FMA Regulations") or item 9 of Schedule 1 to Financial Framework Amendment Act ("FFA Act") were invalid -  If not, whether Funding Agreement was authorised by s 32B of FMA Act or Part 5AA and Schedule 1AA of FMA Regulations or, where applicable, item 9 of Schedule 1 to FFA Act.

Constitutional law - Executive power of Commonwealth - Expenditure - Whether Funding Agreement supported by executive power - Whether payments unlawful because not authorised by statute and beyond executive power.

Constitutional law - Standing - Plaintiff's children attended State school party to Funding Agreement - Whether plaintiff has standing to challenge validity of payments made in 2012 to service provider

Short Particulars

Documents

08/08/2013 Writ of summons

09/08/2013 Notice of constitutional matter (Plaintiff)

20/09/2013 Hearing (Single Justice, Perth v/link to Sydney)

13/12/2013 Hearing (Single Justice, Sydney)

31/01/2014 Special case stated

28/02/2014 Written submissions (Plaintiff)

28/02/2014 Chronology

14/03/2014 Written submissions (Attorney-General for the State of New South Wales intervening)

14/03/2014 Written submissions (Attorney-General for the State of Tasmania intervening)

14/03/2014 Written submissions (Attorney-General for the State of South Australia intervening)

14/03/2014 Written submissions (Attorney-General for the State of Victoria intervening)

14/03/2014 Written submissions (Attorney-General for the State of Western Australia intervening)

19/03/2014 Written submissions (Attorney-General of the State of Queensland intervening)

04/04/2014 Written submissions (Third Defendant)

04/04/2014 Written submissions (First and Second Defendants)

17/04/2014 Reply (Attorney-General of the State of Queensland intervening)

17/04/2014 Reply (Attorney-General for the State of Western Australia intervening)

17/04/2014 Reply (Attorney-General for the State of South Australia intervening)

17/04/2014 Reply (Plaintiff)

22/04/2014 Notice of Constitutional Matter (First and Second Defendants)

06/05/2014 Hearing (Full Court, Canberra) (Audio-visual recording)

07/05/2014 Hearing (Full Court, Canberra) (Audio-visual recording)

08/05/2014 Hearing (Full Court, Canberra) (Audio-visual recording)

09/05/2014 Hearing (Full Court, Canberra) (Audio-visual recording)

19/06/2014 Judgment  (Judgment summary)