Re Senator Robert Wood

Case

[1988] HCATrans 37


Details
AGLC Case Decision Date
Re Senator Robert Wood [1988] HCATrans 37 [1988] HCATrans 37

CaseChat Overview and Summary

The High Court of Australia, sitting as the Court of the Commonwealth Electoral Act, heard submissions in a matter concerning Senator Robert Wood. Appearances were noted for the Attorney-General for the Commonwealth, the State of New South Wales, Senator Wood, the Attorney-General of the State of Queensland, Mrs Nile, and the Australian Electoral Commission. Counsel for the parties indicated a proposed order of submissions, with a preliminary matter regarding the factual material before the Court to be raised by counsel for Mrs Nile.

The central legal issue before the Court, as indicated by the proceedings, concerned a reference pursuant to section 377 of the Commonwealth Electoral Act. While the precise nature of the reference is not detailed in this excerpt, the involvement of various state and federal government representatives, as well as the Electoral Commission, suggests a significant question of electoral law or the eligibility of a Senator. The Court also considered the extent to which interveners, such as Mr Mackerras and Mr Haldane-Stevenson, should be permitted to make oral submissions, given their lack of direct interest in the case and the expectation that their arguments would be contained within filed written submissions.
Details

Areas of Law

  • Constitutional Law

  • Statutory Interpretation

Legal Concepts

  • Jurisdiction

  • Standing

  • Statutory Construction

  • Judicial Review

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Cases Citing This Decision

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Cases Cited

2

Statutory Material Cited

0

Re Webster [1975] HCA 22