High Court sets Dec 3 for marriage case

The High Court has set December 3 for the start of a two-day hearing of the Commonwealth challenge to the ACT's gay marriage law.

The High Court will hear the Commonwealth's challenge to ACT's gay marriage law from December 3. (AAP)

The High Court will hear the Commonwealth's legal challenge to new ACT laws legalising same-sex marriage over two days from December 3.

Chief Justice Robert French on Monday told a directions hearing the case would be heard before the court's full bench.

It will consider eight legal questions in relation to the ACT's Marriage Equality (Same Sex) Bill, passed on October 22.

The Commonwealth argues the ACT law is inconsistent with the federal Marriage Act which it regards as the sole and uniform law on marriage.

The ACT is expected to argue that because the federal law defines marriage as between a man and a woman, there is space for the states and territories to legislate for marriage between same-sex couples.