Full Court Minute Books

Case C17/2017

In the matter of questions referred to the Court of Disputed Returns pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth) concerning
the Hon. Ms Fiona Nash

Case No.


Related matters:

C11/2017 – Senate Reference Re Senator the Hon Canavan

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

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 New South Wales in the Senate for the place for which Senator Fiona Nash 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


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)

26/09/2017 Chronology

28/09/2017 Written submissions (Senator Nash)

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)

03/11/2017 Hearing (Single Justice, Canberra)

10/11/2017 Hearing (Single Justice, Canberra)

13/11/2017 Written submissions (Attorney-General of the Commonwealth)

13/11/2017 Written submissions (Ms H Hughes)

13/11/2017 Written submissions (Mr Kennett as amicus curiae)

15/11/2017 Hearing (Full Court, Canberra) (Audio-visual recording)

20/11/2017 Hearing (Single Justice, Sydney v/link Melbourne)

06/12/2017 Publication of Reasons (Judgment summary)

11/12/2017 Hearing (Single Justice, Canberra v/link Melbourne & Sydney)

22/12/2017 Hearing (Single Justice, Sydney v/link Melbourne)