The highest court of the Anglican Church of Australia, the Appellate Tribunal, will give a ruling on lay presidency after two references were lodged with it in March.

The first, brought by the Archbishop of Melbourne, the Most Revd Keith Rayner, asks whether it it legal under the Church's constitution for deacons or lay people to preside at holy communion, and whether a diocesan synod may permit lay presidency without support from General Synod legislation.

A counter-reference has been lodged by a group of 25 lay and clerical Sydney members of General Synod, including the Dean of Sydney and two assistant bishops. The group challenges the legality of prayers for the dead, reservation of the sacrament, and manual acts during the consecration of the elements.

Robert Tong, a Sydney layman, ACC member and one of the organisers, said the group had also questioned the legal basis for any lay involvement in the liturgy "other than the common prayers and responses provided for in the BCPU". They have asked for the tribunal's opinion on lay people's reading lessons, leading prayers and distributing communion, as well as presiding and preaching.

An earlier reference from Sydney diocesan synod in March last year, asking for a ruling on its proposed lay-presidency legislation, was withdrawn last October.