In the matter of questions referred to the Court of Disputed Returns pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth) concerning
Senator Nick Xenophon

Case No. C18/2017
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 South Australia in the Senate for the place for which Senator Xenophon was returned;
  2. if the answer to Question (a) is ‘yes’, by what means and in what manner that vacancy should be filled;
  3. what directions and other orders, if any, should the Court make in order to hear and finally dispose of this reference; and
  4. what, if any, orders should be made as to the costs of these proceedings.

Short particulars

Documents

05/09/2017 Reference from the President of the Senate

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

15/09/2017 Hearing – Directions (Single Justice, Canberra v/link to Melbourne, Sydney)

18/09/2017 Notice of constitutional matter (Attorney-General of the Commonwealth)

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

27/09/2017 Chronology

28/09/2017 Written submissions  (Senator Xenophon)

03/10/2017 Written submissions (Mr Kennett as Amicus Curiae)

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)