High court could rule on ACT same-sex marriage in early December
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Version 0 of 1. The high court appears on track for an expedited hearing to determine the fate of the ACT’s same-sex marriage legislation, with chief justice Robert French signaling the case could be heard in early December. In the first directions hearing in the case, the Commonwealth pushed for a hearing in late November to determine whether the territory’s gay marriage law is inconsistent with the federal Marriage Act and the Family Law Act. But in proceedings before the high court on Friday, the ACT argued that both the parties and potential interveners needed to be given sufficient time to prepare their submissions. The ACT argued the proceedings needed to be conducted in an orderly way. After hearing the arguments, chief justice French suggested the court was working towards a timetable of hearing the matter in December. French directed the Commonwealth to amend its statement of claim by 28 October; asked the ACT to prepare its defence by 1 November; and set a further directions hearing for 4 November, before adjourning. The high court is scheduled to sit in the first week of December. The Commonwealth suggested in arguments on Friday that same-sex marriages could occur in Canberra from 7 December. If that contention is correct, it would mean the proceedings could prevent ceremonies from taking place. The prime minister, Tony Abbott, has advised same-sex couples to hold off on solemnising their relationships to avoid getting caught up in any legal uncertainty. But outside the court, Australian Marriage Equality deputy director, Ivan Hinton, expressed optimism that marriages could occur in Canberra before the legal proceedings were underway. AME has worked closely with the territory government on the drafting of the new law and its implementation. Hinton proposed to his longtime partner Chris Teoh on Tuesday, after the ACT legislative assembly voted in favour of legalising same sex unions. He said the uncertainty would not stop him from proceeding with his nuptials. Our editors' picks for the day's top news and commentary delivered to your inbox each morning. |