of his election. The High Court unanimously determined that, as he had not been an Australian citizen, he had not been eligible to be nominated for election as a senator and therefore had not been validly elected. The decision was based on the requirement in the Commonwealth Electoral Act 1918 that a candidate must be an Australian citizen. The High Court expressly declined to rule on the question of whether being a citizen of the United Kingdom would also disqualify a candidate from election. Sykes v Cleary (1992) The High Court held in Sykes v Cleary that the 1992 by-election for the Victorian seat of Wills was void because Phil Cleary, who had been declared elected, had held an "office of profit under the Crown", which violated s 44(iv). It was held that the centuries-old phrase "office of profit under the Crown" not only includes public servants as ordinarily understood but extends to "at least those persons who are permanently employed by government", whether government of the Commonwealth or of a State. Thus it included Cleary as a permanent teacher in a Victorian public school. It was also determined (with one dissent) that a candidate must be qualified at the time of nomination. It was not sufficient that Cleary had been on unpaid leave and that he had resigned from his position on hearing that he would be declared elected. It was therefore unnecessary for the High Court to decide the challenge under s 44(i) to the eligibility of other candidates, but it did so since they evidently might have wished to stand in the next election. Bill Kardamitsis had been born in Greece as a Greek citizen and John Delacretaz in Switzerland as a Swiss citizen; they had migrated to Australia and become Australian citizens. By a majority of 5:2 the Court held that a dual citizen is disqualified by s 44(i) unless they have "taken reasonable steps" to renounce their foreign citizenship. Renunciation procedures were available to Kardamitsis and Delacretaz in Greece and Switzerland, but neither of them had taken any such step. Deane and Gaudron JJ dissented, holding that Kardamatsis and Delacretaz had effectively renounced their foreign citizenships when taking an Australian oath of allegiance, which at the times when they were naturalised had included, or required previously making, a renunciation of all foreign allegiances. Additionally, Deane J thought that s 44(i) requires a "mental element" not