2 The applicant is Mehreen Saeed Faruqi, a Senator for New South Wales since 2018 as a member of the Australian Greens party.
3 The respondent is Pauline Lee Hanson, a Senator for Queensland since 2016. She is a member of Pauline Hanson's One Nation party.
4 The Attorney-General of the Commonwealth has intervened for the purpose of defending the constitutionality of certain legislation, to which I will come, but has not otherwise joined in the dispute between the principal parties.
5 Early in the morning of 9 September 2022 in Australia, it was announced that Her Majesty Queen Elizabeth II had died at Balmoral Castle after a reign of more than 70 years.
6 Less than 12 hours later, shortly before midday, Senator Faruqi published the following tweet:
Condolences to those who knew the Queen.
I cannot mourn the leader of a racist empire built on stolen lives, land and wealth of colonised peoples.
We are reminded of the urgency of Treaty with First Nations, justice & reparations for British colonies & becoming a republic.
7 In reply to that tweet, more than four hours later Senator Hanson published the following tweet as a quote tweet thereby incorporating Senator Faruqi's tweet (as written):
Your attitude appalls and disgusts me. When you immigrated to Australia you took every advantage of this country. You took citizenship, bought multiple homes, and a job in a parliament. It's clear you're not happy, so pack your bags and piss off back to Pakistan. – PH
8 The tweets appear as follows:
Pauline Hanson
@PaulineHansonOz
Your attitude appalls and disgusts me. When you immigrated to Australia you took every advantage of this country. You took citizenship, bought multiple homes, and a job in a parliament. It's clear you're not happy, so pack your bags and piss off back to Pakistan. -PH
Mehreen Faruqi @MehreenFaruqi • Sep 9
Condolences to those who knew the Queen.
I cannot mourn the leader of a racist empire built on stolen lives, land and wealth of colonised peoples.
We are reminded of the urgency of Treaty with First Nations, justice & reparations for British colonies & becoming a republic.