Full Court Minute Books

Case C30/2017

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.


Case Information


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


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)