Sue v Hill

Sue v Hill
Sue v Hill
Court	High Court of Australia
Full case name	Sue and Hill and Another;; Sharples and Hill and Another
Decided	23 June 1999
Citations	[1999] HCA 30, (1999) 199 CLR 462.
Transcripts	11 May 1999; 12 May 1999; 13 May 1999;
Court membership
Judges sitting	Chief Justice Murray Gleeson; Justice Mary Gaudron; Justice Michael McHugh; Justice William Gummow; Justice Michael Kirby; Justice Kenneth Hayne; Justice Ian Callinan;
Case opinions
	The United Kingdom is a "foreign power" for the purposes of section 44(i) of the Constitution. Hence, a citizen of the United Kingdom is incapable of being a senator (by Gleeson, Guadron, Gummon and Hayne; McHugh, Kirby and Callinan not deciding); The High Court (sitting as the Court of Disputed Claims) had jurisdiction over the case (by Gleeson, Guadron, Gummon and Hayne; McHugh, Kirby and Callinan dissenting); The jurisdiction of the Court of Disputed Returns, as conferred on the High Court, involves the exercise of judicial power and is not inconsistent with the separation of powers (by Gleeson, Guadron, Gummon and Hayne);

Sue v Hill was an Australian court case decided in the High Court of Australia on 23 June 1999. It concerned a dispute over the apparent return of a candidate, Heather Hill, to the Australian Senate in the 1998 federal election. The result was challenged on the basis that Hill was a dual citizen of the United Kingdom and Australia, and that section 44(i) of the Constitution of Australia prevents any person who is the citizen of a "foreign power" from being elected to the Parliament of Australia. The High Court found that, at least for the purposes of section 44(i), the United Kingdom is a foreign power to Australia.^[1]

^ ^a ^b Twomey, Anne (2000). "Sue v Hill – The Evolution of Australian Independence". In Stone, Adrienne; Williams, George (eds.). The High Court at the crossroads: essays in constitutional law. New South Wales, Australia: Federation Press. ISBN 1-86287-371-2.