Court of Disputed Returns (Australia)
The Court of Disputed Returns in Australia is a jurisdiction established by Part XXII of the Commonwealth Electoral Act. The jurisdiction is exercised by the High Court of Australia, which can refer cases to the Federal Court. The Court makes determinations on the validity of elections for representatives in the Parliament of Australia.
A Court of Disputed Returns is a court, tribunal or some other body that determines disputes about elections in some common law countries, including Australia.
The power of the Court of Disputed Returns was recently brought to the attention of the public following the 2013 federal election in which the Australian Electoral Commission lost 1,370 ballot papers in Western Australia. Sitting as the Court of Disputed Returns, the High Court declared the Senate election in Western Australia as void,[1] and ordered a special election.
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References
- ↑ The Australian Electoral Commission v Johnston [2014] HCA 5 (18 February 2014)
External links
- Information from Australian Electoral Commission on disputed returns
- Disputed Senate returns from Odgers' Australian Senate Practice (11th Ed.)
- Commonwealth Electoral Act 1918 (Cth) as amended - see in particular section 354
- Australian Electoral Commission v Johnston [2014] HCA 5 (18 February 2014) at [122 ]]
