Kiefel CJ
Bell J
Gageler J
Keane J
Nettle J
Gordon J
Edelman J
3.
The questions referred to this Court, though directed in substance to the same issues, took three different forms. The questions relating to Senators Canavan, Roberts, Nash and Xenophon were as follows:
- whether, by reason of s 44(i) of the Constitution, there is a vacancy in the representation of [the Senator's State] in the Senate for the place for which [the Senator] was returned;
- if the answer to question (a) is 'yes', by what means and in what manner that vacancy should be filled;
- what directions and other orders, if any, should the Court make in order to hear and finally dispose of this reference; and
- what, if any, orders should be made as to the costs of these proceedings."
The questions relating to Mr Joyce MP, whose reference was the only one to come from the House of Representatives, were nearly identical to those of the four Senators mentioned above, except that question (a) asked "whether, by reason of s 44(i) of the Constitution[,] the place of the Member for New England (Mr Joyce) has become vacant".
The questions relating to Mr Ludlam and Ms Waters were in slightly different form, reflecting the circumstance that they both resigned their seats in the Senate prior to the references to this Court concerning them. Those questions were as follows:
- whether by reason of s 44(i) of the Constitution there is a vacancy in the representation of [the former Senator's State] in the Senate for the place for which [the Senator] was returned;
- if the answer to Question (a) is 'yes', by what means and in what manner that vacancy should be filled;
- if the answer to Question (a) is 'no', is there a casual vacancy in the representation of [the former Senator's State] in the Senate within the meaning of s 15 of the Constitution; and
- what directions and other orders, if any, should the Court make in order to hear and finally dispose of this reference."
