Wilkie & Ors v. The Commonwealth of Australia & Ors
Case No.
M105/2017
Related matter:
M106/2017 – Australian Marriage Equality Ltd & Anor v. Minister for Finance Mathias Cormann & Anor
Case Information
Catchwords
Constitutional law – Constitution ss 51(xi), 61, 75(iii), 75(v) – Postal survey of opinions on same-sex marriage – Where Advance to the Finance Minister Determination (No 1 of 2017-2018) (“Determination”) increased departmental item for Australian Bureau of Statistics by $122m to make funding available for “voluntary postal plebiscite” – Whether Determination invalid because Minister’s satisfaction “urgent need for expenditure” under Appropriation Act (No 1) 2017-2018 (Cth) s 10(1) not reasonable or involved error of law – Whether s 10(1), (2) and (4) of Act invalid as impermissible exercise of legislative power or impermissible delegation of legislative power to Minister – Whether Census and Statistics (Statistical Information) Direction 2017 (“Direction”) invalid on basis opinions sought not “statistical information” within meaning of Australian Bureau of Statistics Act 1975 (Cth) or Census and Statistics Act 1905 (Cth) and not “statistics” within meaning of Constitution s 51(xi) – Whether Direction invalid because opinions sought not related to matters prescribed by Census and Statistics Regulation 2016 (Cth) s 13 – Whether Electoral Commissioner not authorised by Commonwealth Electoral Act 1918 (Cth) to conduct or participate in conduct of postal survey – Whether s 61 permits Australian Statistician to carry out postal survey without statutory authorisation.
Documents
10/08/2017 Application for an order to show cause
10/08/2017 Notice of constitutional matter (Plaintiffs)
11/08/2017 Hearing (Single Justice, Sydney v/ link Melbourne)
14/08/2017 Amended Application for an order to show cause
16/08/2017 Appearance (Defendant 4, Submitting)
17/08/2017 Hearing (Single Justice, Brisbane v/link Melbourne & Sydney)
23/08/2017 Written submissions (Plaintiffs)
23/08/2017 Chronology
30/08/2017 Written submissions (First to Third Defendants)
01/09/2017 Reply
05/09/2017 Hearing (Full Court, Melbourne) (Audio-visual recording)
06/09/2017 Hearing (Full Court, Melbourne) (Audio-visual recording)
07/09/2017 Hearing - Pronouncement of orders (Full Court, Melbourne)
28/09/2017 Judgment
State of New South Wales v. Burns & Ors
Case No.
S188/2017
Related matters:
S183/2017 – Burns v. Corbett & Ors
S185/2017 – Burns v. Gaynor & Ors
S186/2017 – Attorney General for New South Wales v. Burns & Ors
S187/2017 – Attorney General for New South Wales v. Burns & Ors
Case Information
Lower Court Judgment
Catchwords
Constitutional law – Diversity jurisdiction – Where resident of New South Wales made complaints to Anti-Discrimination Board of NSW about statements made by Victorian resident and Queensland resident – Where Victorian resident ordered to make apologies by Administrative Decisions Tribunal of New South Wales (ADT) – Where complaints against Queensland resident referred to New South Wales Civil and Administrative Tribunal (NCAT) – Where Court of Appeal held ADT and NCAT lacked jurisdiction – Whether Court of Appeal erred in failing to find state diversity jurisdiction retained by state tribunals – Whether Court of Appeal erred in concluding state law purporting to confer jurisdiction upon state tribunal with respect to matters identified in ss 75 and 76 of Constitution inconsistent with s 39(2) of Judiciary Act within meaning of s 109 of Constitution – Whether a state can validly confer judicial power in any matters dealt with in ss 75, 76 of Constitution on person or body that is not a “court of a State” – Whether judicial power conferred upon NCAT to determine matters under Anti-Discrimination Act 1977 (NSW) between residents of different states regarding conduct that occurs outside New South Wales.
Documents
22/06/2017 Determination (SLA, Adelaide)
06/07/2017 Notice of appeal
06/07/2017 Notice of constitutional matter (Appellant)
10/07/2017 Submitting Appearance (Fourth Respondent)
10/07/2017 Notice of contention (Third Respondent)
13/07/2017 Notice of contention (Second Respondent)
13/07/2017 Notice of cross apppeal (Second Respondent)
25/07/2017 Notice of constitutional matter (Third Respondent)
27/07/2017 Written submissions (Appellant)
27/07/2017 Chronology (Appellant)
17/08/2017 Written submissions (First Respondent)
17/08/2017 Written submissions (Third Respondent)
24/08/2017 Written submissions (Attorney-General for the State of Victoria intervening)
24/08/2017 Written submissions (Attorney-General for the State of Western Australia intervening)
24/08/2017 Written submissions (Attorney-General for the State of Tasmania intervening)
24/08/2017 Written submissions (Attorney-General of the State of Queensland intervening)
31/08/2017 Written submissions (Second Respondent)
31/08/2017 Written submissions in reply (Third Respondent)
14/09/2017 Reply
05/12/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
06/12/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
18/04/2018 Judgment (Judgment Summary)
Attorney General for New South Wales v. Burns & Ors
Case No.
S187/2017
Related Matters:
S183/2017 – Burns v. Corbett & Ors
S185/2017 – Burns v. Gaynor & Ors
S186/2017 – Attorney General for New South Wales v. Burns & Ors
S188/2017 – State of New South Wales v. Burns & Ors
Case Information
Lower Court Judgment
3/02/2017 Supreme Court of New South Wales (Court of Appeal) (Bathurst CJ, Beazley P, Leeming JA)
Catchwords
Constitutional law – Diversity jurisdiction – Where resident of New South Wales made complaints to Anti-Discrimination Board of NSW about statements made by Victorian resident and Queensland resident – Where Victorian resident ordered to make apologies by Administrative Decisions Tribunal of New South Wales (ADT) – Where complaints against Queensland resident referred to New South Wales Civil and Administrative Tribunal (NCAT) – Where Court of Appeal held ADT and NCAT lacked jurisdiction – Whether Court of Appeal erred in failing to find state diversity jurisdiction retained by state tribunals – Whether Court of Appeal erred in concluding state law purporting to confer jurisdiction upon state tribunal with respect to matters identified in ss 75 and 76 of Constitution inconsistent with s 39(2) of Judiciary Act within meaning of s 109 of Constitution – Whether a state can validly confer judicial power in any matters dealt with in ss 75, 76 of Constitution on person or body that is not a “court of a State” – Whether judicial power conferred upon NCAT to determine matters under Anti-Discrimination Act 1977 (NSW) between residents of different states regarding conduct that occurs outside New South Wales.
Documents
22/06/2017 Determination (SLA, Adelaide)
06/07/2017 Notice of appeal
06/07/2017 Notice of constitutional matter (Appellant)
10/07/2017 Submitting Appearance (Fourth Respondent)
10/07/2017 Notice of contention (Third Respondent)
13/07/2017 Notice of contention (Second Respondent)
13/07/2017 Notice of cross appeal (Second Respondent)
25/07/2017 Notice of constitutional matter (Third Respondent)
27/07/2017 Written submissions (Appellant)
27/07/2017 Chronology (Appellant)
16/08/2017 Written submissions (First Respondent)
17/08/2017 Written submissions (Third Respondent)
24/08/2017 Written submissions (Attorney-General for the State of Victoria intervening)
24/08/2017 Written submissions (Attorney-General for the State of Western Australia intervening)
24/08/2017 Written submissions (Attorney-General for the State of Tasmania intervening)
24/08/2017 Written submissions (Attorney-General of the State of Queensland intervening)
31/08/2017 Written Submissions (Second Respondent)
31/08/2017 Written submissions in reply (Third Respondent)
14/09/2017 Reply
05/12/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
06/12/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
18/04/2018 Judgment (Judgment Summary)
Attorney General for New South Wales v. Burns & Ors
Case No.
S186/2017
Related matters:
S183/2017 – Burns v. Corbett & Ors
S185/2017 – Burns v. Gaynor & Ors
S187/2017 – Attorney General for New South Wales v. Burns & Ors
S188/2017 – State of New South Wales v. Burns & Ors
Case Information
Lower Court Judgment
3/02/2017 Supreme Court of New South Wales (Court of Appeal) (Bathurst CJ, Beazley P, Leeming JA)
Catchwords
Constitutional law – Diversity jurisdiction – Where resident of New South Wales made complaints to Anti-Discrimination Board of NSW about statements made by Victorian resident and Queensland resident – Where Victorian resident ordered to make apologies by Administrative Decisions Tribunal of New South Wales (ADT) – Where complaints against Queensland resident referred to New South Wales Civil and Administrative Tribunal (NCAT) – Where Court of Appeal held ADT and NCAT lacked jurisdiction – Whether Court of Appeal erred in failing to find state diversity jurisdiction retained by state tribunals – Whether Court of Appeal erred in concluding state law purporting to confer jurisdiction upon state tribunal with respect to matters identified in ss 75 and 76 of Constitution inconsistent with s 39(2) of Judiciary Act within meaning of s 109 of Constitution – Whether a state can validly confer judicial power in any matters dealt with in ss 75, 76 of Constitution on person or body that is not a “court of a State” – Whether judicial power conferred upon NCAT to determine matters under Anti-Discrimination Act 1977 (NSW) between residents of different states regarding conduct that occurs outside New South Wales.
Documents
22/06/2017 Determination (SLA, Adelaide)
06/07/2017 Notice of appeal
06/07/2017 Notice of constitutional matter (Appellant)
10/07/2017 Notice of contention (Third Respondent)
13/07/2017 Notice of contention (Second Respondent)
25/07/2017 Notice of constitutional matter (Third Respondent)
27/07/2017 Written submissions (Appellant)
27/07/2017 Chronology (Appellant)
17/08/2017 Written submissions (First Respondent)
17/08/2017 Written submissions (Third Respondent)
24/08/2017 Written submissions (Attorney-General for the State of Victoria intervening)
24/08/2017 Written submissions (Attorney-General for the State of Western Australia intervening)
24/08/2017 Written submissions (Attorney-General for the State of Tasmania intervening)
24/08/2017 Written submissions (Attorney-General of the State of Queensland intervening)
31/08/2017 Written submissions (Second Respondent)
31/08/2017 Written submissions in reply (Third Respondent)
14/09/2017 Reply
05/12/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
06/12/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
18/04/2018 Judgment (Judgment Summary)
Burns v. Gaynor & Ors
Case No.
S185/2017
Related matters:
S183/2017 – Burns v. Corbett & Ors
S186/2017 – Attorney General for New South Wales v. Burns & Ors
S187/2017 – Attorney General for New South Wales v. Burns & Ors
S188/2017 – State of New South Wales v. Burns & Ors
Case Information
Lower Court Judgment
3/02/2017 Supreme Court of New South Wales (Court of Appeal) (Bathurst CJ, Beazley P, Leeming JA)
Catchwords
Constitutional law – Diversity jurisdiction – Where resident of New South Wales made complaints to Anti-Discrimination Board of NSW about statements made by Victorian resident and Queensland resident – Where Victorian resident ordered to make apologies by Administrative Decisions Tribunal of New South Wales (ADT) – Where complaints against Queensland resident referred to New South Wales Civil and Administrative Tribunal (NCAT) – Where Court of Appeal held ADT and NCAT lacked jurisdiction – Whether Court of Appeal erred in failing to find state diversity jurisdiction retained by state tribunals – Whether Court of Appeal erred in concluding state law purporting to confer jurisdiction upon state tribunal with respect to matters identified in ss 75 and 76 of Constitution inconsistent with s 39(2) of Judiciary Act within meaning of s 109 of Constitution – Whether a state can validly confer judicial power in any matters dealt with in ss 75, 76 of Constitution on person or body that is not a “court of a State” – Whether judicial power conferred upon NCAT to determine matters under Anti-Discrimination Act 1977 (NSW) between residents of different states regarding conduct that occurs outside New South Wales.
Documents
22/06/2017 Determination (SLA, Adelaide)
05/07/2017 Notice of appeal
05/07/2017 Notice of constitutional matter (Appellant)
10/07/2017 Submitting appearance (Second Respondent)
10/07/2017 Notice of Contention (Fifth Respondent)
13/07/2017 Notice of Contention (First Respondent)
13/07/2017 Notice of Cross Appeal (First Respondent)
25/07/2017 Notice of constitutional matter (Fifth Respondent)
27/07/2017 Written submissions (Appellant)
27/07/2017 Chronology (Appellant)
17/08/2017 Written submissions (Third and Fourth Respondents)
17/08/2017 Written submissions (Fifth Respondent)
24/08/2017 Written submissions (Attorney-General for the State of Victoria intervening)
24/08/2017 Written submissions (Attorney-General for the State of Western Australia intervening)
24/08/2017 Written submissions (Attorney-General for the State of Tasmania intervening)
24/08/2017 Written submissions (Attorney-General of the State of Queensland intervening)
31/08/2017 Written submissions (First Respondent)
31/08/2017 Written submissions in reply (Fifth Respondent)
07/09/2017 Reply
05/12/2017 Hearing (Full Court, Canberra)(Audio-visual recording)
06/12/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
18/04/2018 Judgment (Judgment Summary)