Case C27/2017

In the matter of questions referred to the Court of Disputed Returns pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth) concerning
Ms Jacqui Lambie

Case No.

C27/2017

Case Information

Catchwords

Constitutional law – Constitution s 44(iv) – Office of profit – Where Court held vacancy in representation of Tasmania in Senate – Where Court ordered special count of ballot papers to fill vacancy – Where special count identified candidate as person who should fill vacancy in representation of Tasmania – Where candidate at all times since 2011 Councillor and Mayor of City of Devonport – Whether candidate incapable of being chosen or sitting as a Senator by reason of s 44(iv) because position of councillor or mayor an office of profit under the Crown.

Short particulars

Documents

15/11/2017 Reference from the President of the Senate

01/12/2017 Notice of constitutional matter (Attorney-General of the Commonwealth)

08/12/2017 Hearing - Determination (Single Justice, Canberra v/link to Melbourne and Sydney)

08/12/2017 Hearing – Directions (Single Justice, Canberra v/link to Melbourne and Sydney)

13/12/2017 Hearing (Single Justice, Canberra)

15/12/2017 Notice of constitutional matter (Attorney-General of the Commonwealth)

15/01/2018 Written submissions (Ms McCulloch)

22/01/2018 Written submissions (Mr Martin)

22/01/2018 Written submissions (Attorney-General of the Commonwealth)

22/01/2018 Written submissions (Attorney-General of the State of Victoria intervening)

25/01/2018 Reply (Ms McCulloch)

06/02/2018 Hearing (Single Justice, Canberra)

06/02/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

06/02/2018 Outline of oral argument (Ms McCulloch)

06/02/2018 Outline of oral argument (Mr Martin)

06/02/2018 Outline of oral argument (Attorney-General of the Commonwealth)

06/02/2018 Outline of oral argument (Attorney-General for the State of Victoria intervening)

09/02/2018 Hearing (Single Justice, Melbourne)

14/03/2018 Reasons for judgment (Judgment summary)