Full Court Minute Books

Case C11/2017

In the matter of questions referred to the Court of Disputed Returns pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth) concerning
Senator the Hon. Matthew Canavan

Case No.


Related matters:

C12/2017 – Senate Reference Re Mr Ludlam

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


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


  1.  whether, by reason of s 44(i) of the Constitution, there is a vacancy in the representation of Queensland in the Senate for the place for which Senator Matthew Canavan 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


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)

27/09/2017 Chronology

28/09/2017 Written submissions (Senator Canavan)

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)