I hope they don't challenge it before the vote, let's get a...

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20/09/23

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Post #: 69937034
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Originally posted by logco ↑

Indigenous voice to parliament wording ‘could be challenged in court’

Stuart Wood KC. Picture: AAP

By CHRIS MERRITT
LEGAL AFFAIRS CONTRIBUTOR
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9:35AM AUGUST 18, 2023

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One of the nation’s leading silks has warned that the referendum on the proposed Indigenous voice to parliament is vulnerable to legal challenge in the High Court because it misleads voters.
Stuart Wood KC has produced a legal opinion that says the referendum question fails to state the core function of the proposed Indigenous voice to parliament and the executive.
Instead, the question that will be presented to voters emphasised the notion of constitutional recognition of Aboriginal and Torres Strait Islander people.
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In an opinion written jointly with barristers Paul Jeffreys and Jakub Patela, Mr Wood states that the emphasis in the referendum question on constitutional recognition is significant because there is differential support among electors for recognition and the proposed voice.
“In our view, the government’s proposed question misleads and misinforms voters about what they are being asked to approve,” they write.
Their opinion, which was commissioned by the Institute of Public Affairs, says the referendum question is seriously deficient and “will be open to challenge by seeking relevant relief”.
READ MORE: Young ill-equipped to have say on Constitution | Voice choice ‘as simple as it gets’: Burney | How Big Tech tried to silence my voice | Thorpe: ‘A lot of money owed to First Peoples’ | Why voice is the missing puzzle piece in Indigenous health | No legislated voice if vote fails, PM warns
Potential remedies could be a High Court declaration that an answer to the referendum question cannot be taken to constitute approval of the proposed change to the Constitution, or an injunction preventing the question being put to electors, their opinion says.
While their opinion focuses only on potential remedies that could be sought from the High Court before the referendum, it will place the government under pressure to change the referendum question or risk High Court action if there is a successful outcome for the Yes case.
One of those familiar with the opinion said the likelihood of successful intervention by the High Court could be stronger after a successful referendum than if the court were asked to intervene before the question had been considered by voters.

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I hope they don't challenge it before the vote, let's get a proper NO!!!!!! to all of this divisive nonsense, giving Albo an out to change it to two questions now wouldn't be a good outcome, leave race out of the constitution
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