The Australian Electoral Commission v. Johnston & Ors
Wang v. Johnston & Ors
Mead v. Johnston & Ors
Case Nos.
C17/2013; P55/2013; P56/2013
Case Information
Catchwords
Parliamentary elections (Cth) – Senate – Court of Disputed Returns – Petitions disputing election – Election of six senators for State of Western Australia – Election for fifth and sixth Senate places very close – Re-count of ballot papers directed – 1,370 ballot papers lost before re-count – Re-count of available ballot papers led to different candidates being elected to fifth and sixth Senate places from those determined upon "fresh scrutiny" under s 273 of Commonwealth Electoral Act 1918 (Cth) ("Act") – Whether result of election likely affected by loss of ballot papers – Whether electors who cast lost ballot papers "prevented from voting" in election – Whether Court precluded by s 365 of Act from admitting evidence of records made at earlier counts about lost ballot papers in determining whether result of election affected – Whether Court could declare candidate duly elected by combining records made in earlier counts about lost ballot papers with results of re-count.
Words and phrases – "duly elected", "prevented from voting", "result of the election was likely to be affected".
Documents
15/11/2013 Election petition (Australian Electoral Commission – C17/2013)
02/12/2013 Election petition (Wang – P55/2013)
05/12/2013 Election petition (Mead – P56/2013)
12/12/2013 Hearing (Court of Disputed Returns, Melbourne (Perth))
13/12/2013 Hearing (Court of Disputed Returns, Melbourne (Perth))
10/01/2014 Order (13/12/2013)
14/01/2014 Written submissions (Australian Electoral Commission)
17/01/2014 Written submissions (Johnston, Cash & Reynolds)
17/01/2014 Written submissions (Wang)
17/01/2014 Written submissions (Dropulich)
17/01/2014 Written submissions (Ludlam)
17/01/2014 Written submissions (Mead)
20/01/2014 Reply (Australian Electoral Commission)
29/01/2014 Hearing (Court of Disputed Returns, Melbourne)
30/01/2014 Hearing (Court of Disputed Returns, Melbourne)
18/02/2014 Judgment (Hearing, Court of Disputed Returns, Melbourne) (Judgment summary)
20/02/2014 Hearing (Court of Disputed Returns, Melbourne)