Re Parry; Re Lambie; Re Kakoschke-Moore

The High Court of Australia, sitting as the Court of Disputed Returns, considered references concerning Senator Stephen Parry, Senator Jacqui Lambie, and Ms Skye Kakoschke-Moore. The primary dispute involved whether these individuals were disqualified from serving as senators under section 44(i) of the Constitution due to holding citizenship of a foreign power at the time of their election. The Court was asked to determine if vacancies existed in their respective Senate seats and, if so, how those vacancies should be filled.

The legal issues before the Court were whether Mr Parry and Ms Lambie were citizens of the United Kingdom at the time of their nomination for the 2016 Senate election, thereby rendering them incapable of being chosen as senators under section 44(i) of the Constitution. The Court was also required to consider how any resulting vacancies should be filled, and to address ancillary questions regarding further orders and costs. A related issue arose concerning Mr Steven Martin, who was a potential replacement for Ms Lambie, and whether he held an office of profit under the Crown.

The Court reasoned that the evidence presented, including correspondence with the United Kingdom Home Office and expert reports, sufficiently established that both Mr Parry and Ms Lambie were citizens of the United Kingdom by descent from their fathers at the time of their nominations. Mr Parry and Ms Lambie did not dispute this citizenship status, and indeed, their resignations were based on this ground. Consequently, the Court found that they were incapable of being chosen as senators under section 44(i) of the Constitution, creating vacancies in their representation. The Court ordered that these vacancies be filled by a special count of votes, consistent with previous decisions of the Court. Directions were also made for the future determination of the question concerning Mr Martin's eligibility.