Case M122/2020

Chetcuti v. Commonwealth of Australia

Case No.

M122/2020

Case Information

Lower Court Judgment

26/11/2020 High Court of Australia (Nettle J)

[2020] HCA 42

Catchwords

Constitutional law – Legislative power – Naturalisation and aliens – Where appellant entered Australia in 1948 – Where appellant was born in Malta and entered Australia as British subject – Where appellant became citizen of United Kingdom and Colonies in 1949 and citizen of Malta on 1961 – Whether within power of Commonwealth Parliament to treat appellant as alien within s 51(xix) of Constitution – Whether within power of Parliament to specify criteria for alienage – Whether appellant entered Australia as alien.

Documents

10/12/2020 Notice of appeal

05/03/2021 Written submissions (Appellant)

05/03/2021 Chronology (Appellant)

02/04/2021 Written submissions (Respondent)

15/04/2021 Written submissions (Attorney-General for the State of South Australia, intervening)

22/04/2021 Written submissions (Respondent, in reply to intervener's submissions)

29/04/2021 Reply

11/05/2021 Hearing (Full Court, Canberra) (Audio-visual recording)

11/05/2021 Outline of oral argument (Appellant)

11/05/2021 Outline of oral argument (Respondent)

11/05/2021 Outline of oral argument (Attorney-General for the State of South Australia, intervening)

12/08/2021 Judgment (Judgment summary)