All members of the High Court bench, lead by Chief Justice Susan Kiefel AC, sat this week hearing the dual citizenship cases pursuant to Section 44(i) of the Constitution, which bars elected representatives from being dual citizens.
The ‘citizenship seven’ come from across the political spectrum: The Nationals’ Leader and Deputy Prime Minister, the Hon Barnaby Joyce MP, the Deputy Leader of the Nationals, Senator the Hon Fiona Nash and former Minister for Resources and Northern Australia, Senator the Hon Matt Canavan; the Greens’ Scott Ludlam and Larissa Waters; One Nation’s Senator Malcolm Roberts and NXT’s Senator Nick Xenophon, who perhaps pre-empting a ruling, confirmed he would resign from the Senate last week and seek endorsement from his local Adelaide constituents in the 2018 State election.
All Members and Senators had claimed they were unaware of their dual citizenships until recently.
Mr Bret Walker SC, acting for the leadership duo of the Nationals, mused over the purpose of the citizenship rule, saying Section 44 was designed to “avoid split allegiance” between two countries. Therefore, Mr Walker argued, the politicians who had no way of knowing they were dual citizens should be excused.
On Tuesday the Commonwealth’s former chief solicitor, Mr Justin Gleeson SC, appeared on behalf of Mr Tony Windsor, the former independent and defeated candidate at the 2016 election in the Deputy Prime Minister’s seat of New England.
The week’s more bizarre moments came on Wednesday when Mr Brian Walters QC, acting on behalf of the two Greens who have previously resigned, made the case that his clients actually made mistakes and were correct in resigning, while also arguing the five others should do the same. A clearly unimpressed Chief Justice responded by asking: “is it a proper use of the court’s time to argue for a vindication of their [Ludlam and Water’s] view?”
The final day of proceedings wrapped on Thursday as silks, juniors and lawyers all made their final pleas and pitches to the bench. The Chief Justice closed proceedings by confirming the Court will publish its judgement “with or without reasons as soon as possible”.
