The case was heard in Canberra August 9 to 11, 2011.
All available documents and transcripts can be found here:
http://www.hcourt.gov.au/cases/case-s307/2010
Intervening State Governments supporting the Plaintiff’s (Ron Williams) contentions that a funding agreement between the Commonwealth and Scripture Union Queensland is beyond the executive power conferred on the Commonwealth by s.61 of the Constitution, as is the making of payments by the Commonwealth to Scripture Union Queensland pursuant to that Agreement:
Western Australia July 1, 2011
New South Wales July 18, 2011
Victoria July 20, 2011
South Australia July 20, 2011
Tasmania July 20, 2011
Queensland July 20, 2011
ACT and NT will not be intervening
MAY 9, 2011
On May 9, 2011, His Honour Mr Justice Gummow set down August 9, 10 & 11 for the matter of Williams v. Commonwealth of Australia & Ors to be heard in Canberra before the Full Bench of the High Court of Australia.
MARCH 25, 2011
The matter of Williams v. Commonwealth of Australia & Ors was listed for directions before His Honour Mr Justice Gummow today. Canberra hearing by High Court Full Bench extended (tentatively) to August 2011. A Canberra directions hearing has been set down for May 9, 2011. Specific details pending.
JANUARY 27, 2011
The matter of Williams v. Commonwealth of Australia & Ors was listed for directions before His Honour Mr Justice Gummow today. The following directions were made: (1) The Defendants file and serve their defences and any demurrers on or before 25 February 2011; (2) The Plaintiff file and serve any reply to the defences on or before 11 March 2011; (3) The First, Second and Third Defendants file and serve any draft special case on or before 23 March 2011; (4) Stood over to 25 March 2011 for further directions at 9.30 a.m. at the Sydney Registry; (5) Costs of today are costs in the cause.
May 10, 11 and 12 2011 have been tentatively set-aside for the case to be heard by the full bench in Canberra. This may be confirmed during the March 25 hearing.
MEDIA RELEASE JANUARY 01, 2011 Authorised: Ron Williams
Ron Williams v. Commonwealth of Australia
A Writ of Summons and Statement of Claim was issued out of the High Court of Australia on Tuesday December 20, 2010. The details relevant to the matter are as follows:
Plaintiff:
- Ronald Williams
Defendants:
- Commonwealth of Australia
- Minister for School Education Childhood and Youth
- Minister for Finance and Deregulation
- Scripture Union Queensland
As the proceedings involve a matter arising under the Constitution and involving its interpretation within the meaning of Section 78B of the Judiciary Act 1903, notices were served on the commonwealth Attorney General, each State Attorney General and upon the Attorneys General of the Northern Territory and the Australian Capital Territory.
A summary of the claim for Mr. Williams is:
(a) That the Commonwealth lacked executive power to enter into the Funding Agreement at his children’s school and as a consequence, that agreement was invalid or void;
(b) The Commonwealth lacked executive power to enter into the agreement for the provision of funding for chaplaincy services at the school;
(c) The Commonwealth could and cannot validly authorise the drawing of funds from consolidated revenue for the purposes of the funding agreement and the chaplaincy services;
(d) That in the circumstances, any chaplain retained under the funding assistance given by the Commonwealth holds office under the Commonwealth and within the meaning of Section 116 of the Constitution;
(e) By requiring school chaplains engaged at the school to comply with the stipulation set out in the NSCP Guidelines, the Commonwealth is imposing a religious test as a qualification for office under the Commonwealth in contravention of Section 116 of the Constitution;
(f) That the qualification stipulation in the agreement is void and of no effect.
Section 116 of the Constitution, provides as follows:
116. Commonwealth not to legislate in respect of religion. The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.
Counsel retained by Horowitz & Bilinsky to represent Mr. Williams are Mr. Bret Walker SC and Mr. Gerald Ng.