Via The Australian:
Solicitor-general Dr Stephen Donaghue, for Attorney-General George Brandis, said of the five cases currently before the court, it was the view of the Commonwealth that Senator Canavan, Mr Joyce and former Senator Waters should not be disqualified.
Dr Donaghue said there was a commonality between those cases, because none of the three knew they were citizens of another nation.
However, he said the cases of former Senator Ludlam and Senator Roberts were different, because in both of those cases “they must have known in the past that they were foreign citizens”.
Dr Donaghue said both men had filled out forms when they were 19 accepting they had been citizens of another country and applying to become Australian citizens.
He said that meant Senator Ludlam should have been disqualified, consistent with his resignation from the Senate, and the facts of Senator Roberts’ case would need to be tested.
The solicitor-general said the important document was Senator Roberts’ renunciation form; if it had been signed and dated after the nomination period, then the Solicitor-General said the Commonwealth would argue Senator Roberts should be disqualified.
If the debacle only leads to the ousting of Malcolm Roberts it will have been worth it.
