Sue v Hill and Anor

In *Sue v Hill and Anor*, the High Court of Australia considered a dispute concerning the eligibility of a member of the Australian Senate to sit and vote. The applicant, Mr. Sue, sought a declaration that Senator Hill was incapable of being chosen or of sitting as a Senator by reason of being a subject or citizen of a foreign power, contrary to section 44(i) of the *Constitution*. The core of the dispute revolved around Senator Hill's status as a citizen of the United Kingdom at the time of her election to the Australian Senate.

The High Court was required to determine whether Senator Hill was, at the time of her election, a subject or citizen of a foreign power within the meaning of section 44(i) of the *Constitution*. This involved an examination of the legal effect of the *British Nationality Act 1948* (UK) and the *Australian Citizenship Act 1948* (Cth) on the status of individuals who were British subjects at the commencement of those Acts, and whether such status constituted being a "subject or citizen of a foreign power" in the context of the Australian Constitution.

The Court analysed the historical context and the intended meaning of section 44(i) at the time of Federation. It concluded that, for the purposes of section 44(i), the United Kingdom was not a "foreign power" at the time of Senator Hill's election. This was because, notwithstanding the *British Nationality Act 1948*, Australia and the United Kingdom retained a common sovereign and a degree of legal and constitutional unity. Consequently, Senator Hill, by virtue of her British citizenship, was not disqualified from sitting as a Senator.

The High Court dismissed the application for a declaration.