Sykes v Cleary
Key Principle
Leading case on s 44 disqualification — defined requirements for renouncing foreign citizenship and the scope of office of profit under the Crown
Phil Cleary was elected to the House of Representatives but was found to hold an office of profit under the Crown as a State school teacher on leave without pay. Two other candidates were found disqualified under s 44(i) for holding foreign citizenship without taking reasonable steps to renounce it. This case established the foundational principles for s 44 disqualification and became directly relevant during the 2017 parliamentary eligibility crisis.