Alley v GillespieCitation:[2018] HCA 11Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:21 Mar 2018Case Number:S190/2017Read more
The High Court does not have jurisdiction in a common informer action to determine the eligibility of a member of the House of Representatives; such determination must be made by the House or the Court of Disputed Returns under section 47 of the Constitution.
- Parties
- Plaintiff: Plaintiff; Defendant: Defendant
- Jurisdiction
- Australia
- Judgment Date
- 21 March 2018
- Procedural Posture
- Constitutional Law Common Informer Action / Judgment
- Outcome
- Plaintiff's action dismissed
- Legal Topics
- Parliamentary Elections, Common Informer Action, Jurisdiction of High Court, Eligibility of Members of Parliament
Case Brief
Summary, issues, holding and outcome
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Parties
Plaintiff
Plaintiff
Defendant
Defendant
Procedural Posture
Constitutional Law Common Informer Action / Judgment
Legal Issues
- 1 Whether the High Court has jurisdiction to determine the eligibility of a member of the House of Representatives in a common informer action
- 2 Proper construction of section 46 of the Constitution
- 3 Proper construction of section 47 of the Constitution
Ratio Decidendi
The High Court does not have jurisdiction in a common informer action to determine the eligibility of a member of the House of Representatives; such determination must be made by the House or the Court of Disputed Returns under section 47 of the Constitution.
Court Disposition
Plaintiff's action dismissed
Orders
- Plaintiff's action is dismissed
- No order as to penalty
Full Case Text
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