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Mr Philip Gould has asked that you assist with legal research for an article he is writing about marriage law in Australia. You are to
Mr Philip Gould has asked that you assist with legal research for an article he is writing about marriage law in Australia. You are to research the decision of the High Court of Australia in The Commonwealth v Australian Capital Territory [2013] HCA 55 and write a short case study (case summary). Note that references to the Marriage Act 1960 (Cth) in this case are references to that Act as in force in 2013. The definition of 'marriage' in section 5 of the Act was amended in 2017 to allow for marriage equality. Important questions the Court had to determine, and which you must address in your case study include the: Legal issue in the case (the key question to be determined by the court). Ambit of the federal legislative power in relation to marriage in s51(xx) of the Australian Constitution - i.e., whether the federal marriage power is wide enough to encompass marriage between persons of the same sex. Object of the Marriage Equality (Same Sex) Act 2013 (ACT). Inconsistency between statutes- whether the Marriage Equality (Same Sex) Act 2013 (ACT) was inconsistent with the Marriage Age 1961 (Cth) in force in 2013. Concurrent powers - whether the Marriage Equality (Same Sex) Act 2013 (ACT) could operate concurrently with the Marriage Age 1961 (Cth)
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