High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ, HAYNE, CRENNAN, KIEFEL, BELL AND KEANE JJ
THE COMMONWEALTH OF AUSTRALIA PLAINTIFF
AND
THE AUSTRALIAN CAPITAL TERRITORY DEFENDANT
The Commonwealth v Australian Capital Territory [2013] HCA 55 12 December 2013 C13/2013
ORDER
The questions reserved for determination by the Full Court on 4 November 2013 be answered as follows:
1. Is the Marriage Equality (Same Sex) Act 2013 (ACT), in part or in its entirety:
(a) inconsistent with the Marriage Act 1961 (Cth) within the meaning of s 28(1) of the Australian Capital Territory (Self-Government) Act 1988 (Cth); and/or
(b) repugnant to the Marriage Act 1961 (Cth)?
Answer: The whole of the Marriage Equality (Same Sex) Act 2013 (ACT) is inconsistent with the Marriage Act 1961 (Cth).
2. If the answer to question 1(a) is "yes", to what extent, if any, is the Marriage Equality (Same Sex) Act 2013 (ACT) of no effect?
Answer: The whole of the Marriage Equality (Same Sex) Act 2013 (ACT) is of no effect.
3. If the answer to question 1(b) is "yes", to what extent, if any, is the Marriage Equality (Same Sex) Act 2013 (ACT) void?
Answer: This question need not be answered.
4. Is the Marriage Equality (Same Sex) Act 2013 (ACT), in part or in its entirety:
(a) inconsistent with the Family Law Act 1975 (Cth) within the meaning of s 28(1) of the Australian Capital Territory (Self-Government) Act 1988 (Cth); and/or
(b) repugnant to the Family Law Act 1975 (Cth)?
Answer: This question need not be answered.
5. If the answer to question 4(a) is "yes", to what extent, if any, is the Marriage Equality (Same Sex) Act 2013 (ACT) of no effect?
Answer: This question need not be answered.
6. If the answer to question 4(b) is "yes", to what extent, if any, is the Marriage Equality (Same Sex) Act 2013 (ACT) void?
Answer: This question need not be answered.
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