Full Court Minute Books

Case C13/2013

The Commonwealth of Australia v. The Australian Capital Territory

Case No.


Case Information


Constitutional law – Territory law – Inconsistency – Marriage Equality (Same Sex) Act 2013 (ACT) (“ACT Act”) – Whether inconsistent with Marriage Act 1961 (Cth) (“Cth Act”) and Family Law Act 1975 (Cth) (“FLA Act”) – Whether ACT Act therefore of no effect by operation of s 28(1) of Australian Capital Territory (Self-Government) Act 1988 (Cth) – Whether ACT Act repugnant to the Cth Act and FLA Act.

Short Particulars


23/10/2013 Writ of summons

23/10/2013 Notice of constitutional matter (Plaintiff)

25/10/2013 Hearing (Single Justice, Perth by v/link to Canberra)

04/11/2013 Hearing (Single Justice, Canberra)

04/11/2013 Order of French CJ (including Questions Reserved)

13/11/2013 Written submissions (Plaintiff)

13/11/2013 Chronology (Plaintiff)

25/11/2013 Written submissions (Defendant)

25/11/2013 Written submissions (Australian Marriage Equality Inc seeking leave to appear as amicus curiae)

29/11/2013 Reply (Plaintiff)

03/12/2013 Hearing (Full Court, Canberra) (Audio-visual recording)

12/12/2013 Judgment (Judgment summary)