The High Court will hear the government’s defence of the same-sex postal survey when the hearing resumes this morning.
The Coalition is hoping for a quick resolution to the two challenges, before ballots are mailed out to the public from next week.
Marriage equality advocates trying to stop the postal vote say the government does not have the legal authority to allocate the $122 million needed to run the survey as they didn’t receive parliamentary approval.
The Turnbull Government is planning on funding the survey using the Appropriation Act, as the expenditure is “urgent” and “unforeseen”.
The Appropriation Act allows Finance Minister Mathias Cormann to issue funds without receiving parliamentary approval.
However, Marriage equality advocates say there was no urgent need for the postal vote, and that the situation was not unforeseen.
The other issue advocates are arguing is the legality of involving the Australian Bureau of Statistics and the Australian Electoral Commission in conducting the survey.