Full Court Minute Books

Case C32/2017

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 Katy Gallagher

Case No.


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 for the Australian Capital Territory in the Senate for the place for which Katy Gallagher 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


07/12/2017 Reference from the President of the Senate

22/12/2017 Notice of constitutional matter (Senator Gallagher)

19/01/2018 Hearing (Single Justice, Brisbane v/link Melbourne and Sydney)

12/02/2018 Hearing (Single Justice, Canberra)

26/02/2018 Written submissions (Attorney-General of the Commonwealth)

05/03/2018 Written submissions (Senator Gallagher)

09/03/2018 Reply (Attorney-General of the Commonwealth)

14/03/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

14/03/2018 Outline of oral argument (Attorney-General of the Commonwealth)

14/03/2018 Outline of oral argument (Senator Gallagher)

09/05/2018 Judgment (Judgment summary)

16/05/2018 Hearing (Single Justice, Canberra)

23/05/2018 Hearing (Single Justice, Brisbane v/link Sydney and Melbourne)