Full Court Minute Books

Case C12/2017

In the matter of questions referred to the Court of Disputed Returns pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth) concerning
Mr Scott Ludlam

Case No.

C12/2017

Related matters

C11/2017 – Senate Reference Re Senator the Hon Canavan

C13/2017 – Senate Reference Re Ms Waters

C14/2017 – Senate Reference Re Senator Roberts

C15/2017 – House of Representatives Reference Re: The Hon Mr Joyce MP

C17/2017 – Senate Reference Re Senator the Hon. Nash

C18/2017 – Senate Reference Re Senator Xenophon

Case Information

Catchwords

Questions referred by the Senate - Court of Disputed Returns - Commonwealth Electoral Act 1918 (Cth) - s376, s377 - Qualification of Senator - Constitution - s44(i)

Questions:

  1. whether by reason of s 44(i) of the Constitution there is a vacancy in the representation of Western Australia in the Senate for the place for which Senator Ludlam was returned;
  2. if the answer to Question (a) is “yes”, by what means and in what manner that vacancy should be filled;
  3. if the answer to Question (a) is “no”, is there a causal vacancy in the representation of Western Australia in the Senate within the meaning of s 15 of the Constitution; and
  4. what directions and other orders, if any, should the Court make in order to hear and finally dispose of this reference.

Short particulars

Documents

10/08/2017 Reference from the President of the Senate

24/08/2017 Hearing – Determination (Single Justice, Brisbane v/link Melbourne and Sydney)

24/08/2017 Hearing – Directions (Single Justice, Brisbane v/link Melbourne and Sydney)

15/09/2017 Hearing (Single Justice, Canberra v/link Melbourne and Sydney)

26/09/2017 Written submissions (Attorney-General of the Commonwealth)

26/09/2017 Chronology

28/09/2017 Written submissions (Mr Ludlam)

06/10/2017 Reply (Attorney-General of the Commonwealth)

10/10/2017 Hearing (Full Court, Canberra) (Audio-visual recording)

11/10/2017 Hearing (Full Court, Canberra) (Audio-visual recording)

12/10/2017 Hearing (Full Court, Canberra) (Audio-visual recording)

27/10/2017 Judgment (Judgment Summary)

03/11/2017 Hearing (Single Justice, Canberra)

10/11/2017 Hearing (Single Justice, Canberra)