ORDER
ORDER
The questions stated in the special case for the opinion of the Full Court are answered as follows:
One. Is the plaintiff an "alien" within the meaning of section fifty-one(xix) of the Constitution?
Answer: The majority considers that Aboriginal Australians (understood according to the tripartite test in Mabo versus Queensland [Number two], one seventy-five C L R one at seventy) are not within the reach of the "aliens" power conferred by section fifty-one(xix) of the Constitution. The majority is unable, however, to agree as to whether the plaintiff is an Aboriginal Australian on the facts stated in the special case and, therefore, is unable to answer this question.
Two. Who should pay the costs of this special case?
Answer: The defendant.
The questions stated in the special case for the opinion of the Full Court are answered as follows:
One. Is the plaintiff an "alien" within the meaning of section fifty-one(xix) of the Constitution?
Answer: Aboriginal Australians (understood according to the tripartite test in Mabo versus Queensland [Number two], one seventy-five C L R one at seventy) are not within the reach of the "aliens" power conferred by section fifty-one(xix) of the Constitution. The plaintiff is an Aboriginal Australian and, therefore, the answer is "No".
Two. Who should pay the costs of this special case?
Answer: The defendant.
Representation
Representation
S J Keim S C with K E Slack and A J Hartnett for the plaintiff in each matter (instructed by Maurice Blackburn Lawyers)
S P Donaghue Q C, Solicitor-General of the Commonwealth, with N M Wood and J D Watson for the defendant in both matters (instructed by Australian Government Solicitor)
P G Willis S C with T B Goodwin for the Attorney-General for the State of Victoria, intervening in both matters (instructed by Victorian Government Solicitor) at the hearing on fifth December twenty nineteen