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
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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:
- 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;
- if the answer to Question (a) is “yes”, by what means and in what manner that vacancy should be filled;
- 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
- what directions and other orders, if any, should the Court make in order to hear and finally dispose of this reference.
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)
03/11/2017 Hearing (Single Justice, Canberra)
10/11/2017 Hearing (Single Justice, Canberra)