Political Background
In early 1974, the conservative parties led by Billy Snedden had chosen to use their majority in the Senate to oppose key government legislation. As the Senate had rejected the bills twice, Prime Minister Gough Whitlam advised a double dissolution under section 57 of the Constitution. The Governor-General Sir Paul Hasluck agreed, and on 18 May an election for both houses of parliament was held.
Campaigning for the Labor Party, Whitlam asked the electorate to let him "finish the job" and used the slogan "Give Gough a Go". The Liberal and Country parties focused their campaign on government mismanagement and the state of the economy. The Labor Party was returned with a slightly reduced majority in the House of Representatives and, crucially, still without the Senate majority it required to pass the legislation in question.
The new parliament convened on 9 July. On 11 July, Sir Paul Hasluck's term as Governor-General ended, and Sir John Kerr was sworn in. The legislation was reintroduced, but, as expected, it again failed to pass the Senate. Now, all the constitutional requirements for a joint sitting had been met. At Whitlam's request, on 30 July Sir John Kerr issued a proclamation convening the joint sitting.
The coalition parties sought to prevent the joint sitting by challenging its constitutional validity in the High Court. The writs were issued by Senator Sir Magnus Cormack (Lib) and Senator Jim Webster (CP) on 1 August. The Queensland government also brought an action, although it sought a narrower declaration. The court delivered a unanimous decision on 5 August (Cormack v Cope (1974) 131 CLR 432) and ruled that the sitting was constitutionally valid.
Read more about this topic: Joint Sitting Of The Australian Parliament Of 1974
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