Full Court Minute Books

Case S140/2015

Cunningham & Ors v. Commonwealth of Australia & Anor

Case No.


Case Information


Constitution – s 51(xxxi) – Remuneration and Other Legislation Amendment Act 2011 (Cth) – Members of Parliament (Life Gold Pass) and Other Legislation Amendment Act 2012 (Cth) – Acquisition of property on just terms – Where applicants are former members of the House of Representatives – Where applicants occupied positions as Ministers of State or where officeholders of the Parliament or of a House of Parliament – Where Parliament reduced the ‘retiring allowance’ of past members – Where Parliament restricted the number of return trips per year using the ‘Gold Pass’.

Short Particulars


21/07/2015 Writ of summons

28/07/2015 Notice of constitutional matter (Plaintiffs)

04/08/2015 Submitting appearance (Second Defendant)

23/09/2015 Hearing (Single Justice, Sydney)

18/12/2015 Hearing (Single Justice, Sydney)

23/12/2015 Special case

11/03/2016 Written submissions (Plaintiffs)

11/03/2016 Chronology (Plaintiffs)

01/04/2016 Written submissions (First Defendant)

15/04/2016 Reply (Plaintiffs)

16/06/2016 Hearing (Full Court, Canberra) (Audio-visual recording)

12/10/2016 Judgment (Judgment Summary)