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. C32/2017
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:

  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

Documents

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)