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 Nick Xenophon
Case No.
C18/2017
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
C17/2017 – Senate Reference Re Senator the Hon. Nash
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 South Australia in the Senate for the place for which Senator Xenophon was returned;
- if the answer to Question (a) is ‘yes’, by what means and in what manner that vacancy should be filled;
- what directions and other orders, if any, should the Court make in order to hear and finally dispose of this reference; and
- what, if any, orders should be made as to the costs of these proceedings.
Documents
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 Xenophon)
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)