› whether the Schools Assistance Act 2008 and Australian Education Act 2013 are contrary to Section 106 and 107 of the Constitution
› insofar as they permit or provide for Commonwealth funding of the Malek Fahd Islamic School
Constituional Law
› whether the Schools Assistance Act 2008 and Australian Education Act 2013, insofar as they permit or provide for Commonwealth funding of the Malek Fahd Islamic School, exceed the constitutional power of the Commonwealth by overriding the power of the State of New South Wales in the areas of religion and education
Education & Schools
› independent non-government religious school
› Malek Fahd Islamic School
› effect of funding by Commonwealth
› whether ‘establishes’ a religion, ‘imposes’ any religious observance or ‘prohibits’ the free exercise of religion
› contrary to Section 116 of the Constitution
Standing
› whether the plaintiffs have standing to challenge validity and laws and executive acts relating to Commonwealth funding in respect of past expenditure
Case Details
Citation[2015] NSWSC 136
CourtNSWSC
JurisdictionNew South Wales
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