Please be advised that the High Court building in Canberra will be closed to the public for an event from Wednesday, 19 November to Friday, 21 November 2025.

In the matter of questions referred to the Court of Disputed Returns pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth) concerning
Ms Skye Kakoschke-Moore

Case No. C30/2017
Case information

Catchwords

Constitutional law – Constitution s 44(i) – Vacancies – Where incumbent submitted resignation from Senate upon becoming aware of foreign citizenship – Where Court held vacancy in representation of South Australia in Senate by reason of s 44(i) – Whether vacancy should be filled by special count – Whether incumbent capable of being chosen to fill vacancy because renounced foreign citizenship – Whether candidate should be excluded from special count because ceased to be member of political party to which he belonged at election. 

Short particulars

Documents

29/11/2017 Reference from the President of the Senate

07/12/2017 Notice of constitutional matter (Attorney-General of the Commonwealth)

08/12/2017 Determination (Single Justice, Canberra)

08/12/2017 Hearing (Single Justice, Canberra v/link to Melbourne and Sydney)

15/01/2018 Written submissions (Ms Kakoschke-Moore)

15/01/2018 Chronology (Ms Kakoschke-Moore)

22/01/2018 Written submissions (Attorney-General of the Commonwealth)

22/01/2018 Written submissions (Mr Storer)

22/01/2018 Chronology (Mr Storer)

24/01/2018 Hearing (Single Justice, Melbourne v/link to Sydney)

30/01/2018 Reply

13/02/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

13/02/2018 Hearing (Single Justice, Canberra)

21/03/2018 Reasons for Judgment (Judgment summary)