The High Court will hear the dual-citizenship cases of at least five federal politicians in mid-October, despite a plea from the Commonwealth's lawyer for the matter to be settled in September to minimise disruption.
The full hearing will be heard in Canberra from October 10-12.
The hearing will determine whether a suite of politicians were validly elected under Section 44 of the Constitution, including Deputy prime minister Barnaby Joyce, Senator Matt Canavan, former Greens senators Scott Ludlam and Larissa Waters and One Nation senator Malcolm Roberts.
When parliament resumes crossbench senator Nick Xenophon and Nationals senator Fiona Nash will also be referred to the High Court, and their cases will most likely be wrapped into the same hearing.
Solicitor General Stephen Donaghue QC, who represents the government, originally asked the court to hear the cases on September 13 and 14, but reportedly did not convince the judge there would be any major governance issue if it was pushed to October.
Mr Donaghue told the court he will argue that the two Turnbull Government ministers, Barnaby Joyce and Matt Canavan, along with former Greens senator Larissa Waters, should not be disqualified.
He said those three cases were similar because none of them were aware they were dual citizens.
However, Mr Donaghue will argue Mr Ludlam previously knew he had been a citizen of New Zealand so he should be disqualified.
He said One Nation senator Malcolm Roberts had also once recognised he was a UK citizen, so his case would rest on whether or not he renounced his citizenship before he was elected to parliament.
Chief Justice Susan Kiefel presided over the directions hearing.
