Pauline Hanson's One Nation v Sharples & Anor

The applicants, Pauline Hanson's One Nation, sought to remove the respondents, Sharples and another, from their positions as senators for Queensland. The dispute concerned whether the respondents were disqualified from sitting and voting in the Parliament of the Commonwealth by reason of section 44(i) of the Constitution, which disqualifies any person who is a subject or citizen or entitled to the rights or privileges of a subject or citizen of a foreign power. The case was heard by Gummow and Hayne JJ of the High Court of Australia.

The central legal issue before the Court was whether the respondents, by virtue of their dual citizenship with the United Kingdom, were disqualified from being members of the Parliament under section 44(i) of the Constitution. This required the Court to interpret the meaning of "subject or citizen" of a foreign power and to determine whether the respondents' status as British citizens fell within the scope of this disqualification.

The Court reasoned that the term "citizen" in section 44(i) should be given its ordinary meaning, which includes persons who are citizens of a foreign power. The Court found that the respondents were citizens of the United Kingdom, a foreign power, and therefore were disqualified from sitting and voting in Parliament. The Court applied the principle that the Constitution must be read according to its natural and ordinary meaning, and that the disqualification provisions are to be given their full effect.

The Court made orders declaring that the respondents were not entitled to sit or vote in the Parliament of the Commonwealth and that their seats were vacant.