Kiefel CJ
Bell J
Gageler J
Keane J
Nettle J
Gordon J
Edelman J
2.
s 44(i) of the Constitution there is a vacancy in the place for which the person was returned.
The references concern the qualifications of Senator the Hon Matthew Canavan, Mr Scott Ludlam, Ms Larissa Waters, Senator Malcolm Roberts, Senator the Hon Fiona Nash and Senator Nick Xenophon in circumstances in which there is material to suggest that each held dual citizenship at the date he or she nominated for election as a senator. The House of Representatives has referred like questions respecting the qualifications of the Hon Barnaby Joyce MP in circumstances in which there is material to suggest that he held dual citizenship at the date of his nomination for election for the Electoral Division of New England.
The subject of reference and the Attorney-General of the Commonwealth is in each case deemed to be a party to the reference pursuant to orders made by Kiefel CJ[1]. In each reference, Kiefel CJ ordered that the statement of the questions together with all the attachments to the statement transmitted by the President of the Senate or the Speaker of the House of Representatives (as the case may be)[2] is evidence on the hearing of the reference.
Mr Kennett SC was appointed amicus curiae to act as contradictor on issues of law in the references concerning Senators Canavan, Nash and Xenophon. Mr Antony Windsor was deemed a party to the reference concerning Mr Joyce MP. Mr Ludlam resigned his seat upon learning that he held dual citizenship. Ms Waters resigned her seat upon learning that she held dual citizenship. They were jointly represented on the hearing of the references.
The only reference in which there were any contested issues of fact was that concerning Senator Roberts. Those issues were resolved at a hearing before Keane J[3].
