High Court - Original jurisdiction - Court of Disputed Returns - Case stated pursuant to Judiciary Act 1903 (Cth), s 18 - Petition as to validity of election of a Senator - Disqualification under s 44(i) of the Constitution - Whether Div 2 of Pt XXII of the Commonwealth Electoral Act 1918 (Cth) exhaustively prescribes Court's jurisdiction to determine matters concerning the constitutional and legislative disqualifications of a Senator or whether jurisdiction also conferred by Div 1 of Pt XXII.
Constitutional law - Judicial power - Petition as to validity of election of a Senator - Whether Div 1 of Pt XXII of the Commonwealth Electoral Act 1918 (Cth) confers non-judicial power.
Constitutional law - Commonwealth legislative power - Whether Parliament has "otherwise provided" in respect of the constitutional qualifications of Senators by enacting Div 1 of Pt XXII of the Commonwealth Electoral Act 1918 (Cth).
Constitutional law - Sovereignty - Legislative, executive and judicial separation from the United Kingdom - Meaning of the "Crown" - Operation of the Australia Acts 1986.
Elections - Senate - Court of Disputed Returns - Petition - Senator a United Kingdom citizen when nominated - Whether incapable of being chosen as a Senator - Meaning of "foreign power" in s 44(i) of the Constitution - Whether candidate with dual citizenship is required by s 44(i) of the Constitution to take reasonable steps to renounce foreign citizenship - Whether elected person has committed an "illegal practice" proscribed by the Commonwealth Electoral Act 1918 (Cth) - Whether, if Senator not duly elected, election should be declared absolutely void or a recount ordered.
Words and phrases - "foreign power" - "Commonwealth" - "Crown" - "United Kingdom" - "Queen" - "until the Parliament otherwise provides" - "illegal practices" - "validity of any election or return" - "disputed election".
The Constitution, cll 2, 5, 9, ss 1, 2, 10, 31, 34, 44(i), 46, 47, 51(xxxvi), 51(xxxvii), 51(xxxviii), 51(xxxix), 58, 59, 60, 61, 76(ii), 79, 105, 122 and Sched.
Australia Act 1986 (UK), ss 1, 7(5), 10, 11.
Australia Act 1986 (Cth), ss 1, 7(5), 10, 11.
Commonwealth Electoral Act 1918 (Cth), ss 162, 163, 170, 326, 339(3), Div 1 and Div 2 of Pt XXII.
Common Informers (Parliamentary Disqualifications) Act 1975 (Cth), s 3(1).
Judiciary Act 1903 (Cth), s 18.