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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 cases

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)

02/11/2017 Hearing (Single Justice, Canberra)

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