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Issue #1790      August 16, 2017

High Court challenge

At a preliminary hearing in the High Court (August 11) the government agreed that it will not post out any papers in the same-sex postal vote before September 12, to allow this case to be heard.

The case has been listed for an urgent hearing on September 5-6, with further directions made by the Court for the filing of materials and submissions prior to the hearing.

The Public Interest Advocacy Centre (PIAC) is representing Andrew Wilkie, Member for Denison, PFLAG (Parents and Friends of Lesbians and Gays) and Felicity Marlowe, a mother in a same-sex relationship with three young children.

The PIAC notes their clients are seeking to stop the government proceeding with the postal vote on same sex marriage on the basis that the government does not have the power to conduct the postal vote without parliamentary approval.

“Our clients sought an urgent hearing by the High Court and an injunction to stop the postal vote going ahead before this case could be heard. The government agreed that nothing would be sent before the case is heard and the Court listed the case for an urgent hearing on 5-6 September,” said PIAC CEO Jonathon Hunyor.

“This is an important first step and we are pleased that the important constitutional issues raised by this case will now be considered urgently by the High Court”, said Hunyor.

“We look forward to making the case in full at a hearing in September.”

Next article – Dignity and respect

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