Parliamentary elections (Cth) - Senate - Death of incumbent Senator from Western Australia - Choice of replacement Senator pursuant to s 15 of the Constitution - Court of Disputed Returns - Jurisdiction - Petition - Whether prescribed limitation period for filing petition is a jurisdictional requirement - Whether unconscionable to rely on jurisdictional requirement.
Constitutional law - Elections - Senate - Death of incumbent Senator from Western Australia - Choice of replacement Senator pursuant to s 15 of the Constitution - Procedure necessary to challenge validity - Court of Disputed Returns.
Practice and Procedure - Court of Disputed Returns - Jurisdiction - Petition - Whether prescribed limitation period for filing petition is a jurisdictional requirement - Whether unconscionable to rely on jurisdictional requirement.
The Constitution, s 15.
Commonwealth Electoral Act 1918 (Cth), Div 1 of Pt XXII, ss 353(1), 355, 358.
Judiciary Act 1903 (Cth), s 18.
Constitution Acts Amendment Act 1899 (WA), s 5.