Wilkie v The CommonwealthAustralian Marriage Equality Ltd v CormannCitation:[2017] HCA 40Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:28 Sep 2017Case Number:M105/2017, M106/2017Read more

Wilkie v The CommonwealthAustralian Marriage Equality Ltd v CormannCitation:[2017] HCA 40Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:28 Sep 2017Case Number:M105/2017, M106/2017Read more

The court held that the Finance Minister's determination under s 10(2) of Appropriation Act (No 1) 2017-2018 (Cth) was valid, the appropriation was for a lawful purpose, the direction to the Australian Statistician was within the Treasurer's power, and the plaintiffs had standing.

Parties
Respondent: Finance Minister; Applicants: Plaintiffs (Member of House of Representatives, Senator, Elector, Incorporated Body, Association)
Jurisdiction
Australia
Judgment Date
28 September 2017
Procedural Posture
Constitutional Petition / Judgment
Outcome
Petition dismissed
Legal Topics
Appropriation of Moneys, Delegated Legislation, Standing to Sue
Constitutional Law Statutory Interpretation Administrative Law Appropriation of Moneys Delegated Legislation Standing to Sue

Case Brief

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Parties

Finance Minister

Respondent

Plaintiffs (Member of House of Representatives, Senator, Elector, Incorporated Body, Association)

Applicants

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether s 10 of Appropriation Act (No 1) 2017-2018 (Cth) is invalid
  2. 2 Whether the Finance Minister's determination under s 10(2) was authorised
  3. 3 Whether the direction to the Australian Statistician exceeded the Treasurer's power under s 9(1)(b) of Census and Statistics Act 1905 (Cth)

Ratio Decidendi

The court held that the Finance Minister's determination under s 10(2) of Appropriation Act (No 1) 2017-2018 (Cth) was valid, the appropriation was for a lawful purpose, the direction to the Australian Statistician was within the Treasurer's power, and the plaintiffs had standing.

Court Disposition

Petition dismissed

Orders

  • The applications are dismissed.
  • No order as to costs.