Re Canavan; Re Ludlam; Re Waters; Re Roberts; Re Joyce

[2017] HCATrans 170

[2017] HCATrans 170

IN THE HIGH COURT OF AUSTRALIA

SITTING AS THE COURT OF
DISPUTED RETURNS

Office of the Registry
  Canberra  No C11 of 2017

B e t w e e n -

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 MATTHEW CANAVAN

Office of the Registry
  Canberra  No C12 of 2017

B e t w e e n -

IN THE MATTER OF QUESTIONS REFERRED TO THE COURT OF DISPUTED RETURNS PURSUANT TO SECTION 376 OF THE COMMONWEALTH ELECTORAL ACT 1918 (CTH) CONCERNING MR SCOTT LUDLAM

Office of the Registry
  Canberra  No C13 of 2017

B e t w e e n -

IN THE MATTER OF QUESTIONS REFERRED TO THE COURT OF DISPUTED RETURNS PURSUANT TO SECTION 376 OF THE COMMONWEALTH ELECTORAL ACT 1918 (CTH) CONCERNING MS LARISSA WATERS

Office of the Registry
  Canberra  No C14 of 2017

B e t w e e n -

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 MALCOLM ROBERTS

Office of the Registry
  Canberra  No C15 of 2017

B e t w e e n -

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. BARNABY JOYCE MP

KIEFEL CJ

TRANSCRIPT OF PROCEEDINGS

FROM BRISBANE BY VIDEO LINK TO MELBOURNE AND SYDNEY

ON THURSDAY, 24 AUGUST 2017, AT 10.15 AM

Copyright in the High Court of Australia

____________________

HER HONOUR:   Before taking appearances and proceeding to make directions to progress this matter, it is necessary to deal with determinations that I have made. 

The Court received references in these matters from the Senate and the House of Representatives between 9 and 15 August.  The Court published notices on 11 and 15 August, inviting persons to apply to the Court to be heard or to make submissions on the references, as it is required to do.  The closing dates for applications were 21 and 23 August.  I have now made determinations with respect to each application.

In the matter of the reference concerning Senator Matthew Canavan, I order as follows:

1.The following persons shall be allowed to be heard on the hearing of the reference and shall be deemed to be parties to the reference pursuant to section 378 of the Commonwealth Electoral Act 1918 (Cth):

(i)Senator Matthew Canavan; and

(ii)the Attorney‑General of the Commonwealth.

2.The submissions of Joe Bloggs, Deearne Gould and Ken Sengul will not be received by the Court and will not be taken into account on the hearing of the reference.

I publish that determination and the reasons for it.

In relation to the reference concerning Mr Ludlam, the orders of the Court are:

1.The following persons shall be allowed to be heard on the hearing of the reference and shall be deemed to be the parties to the reference pursuant to section 378 of the Commonwealth Electoral Act 1918 (Cth):

(i)Scott Ludlam; and

(ii)the Attorney‑General of the Commonwealth.

2.Ian Bruce Bell, Bret Busby and John Lewis Cameron will not be heard by the Court.

3.The submissions of Joe Bloggs, Deearne Gould, Ian Bruce Bell, Bret Busby and John Lewis Cameron will not be received by the Court and will not be taken into account on the hearing of the reference.

I publish that determination and the reasons for it.

In relation to the reference concerning Ms Waters, the orders of the Court are:

1.The following persons shall be allowed to be heard on the hearing of the reference and shall be deemed to be parties to the reference, pursuant to section 378 of the Commonwealth Electoral Act 1918 (Cth):

(i)Larissa Waters; and

(ii)the Attorney‑General of the Commonwealth.

2.The submissions of Joe Bloggs and Deearne Gould will not be received by the Court and will not be taken into account on the hearing of the reference.

I publish that determination and the reasons for it.

In relation to the reference concerning Senator Malcolm Roberts, the orders of the Court are:

1.The following persons shall be allowed to be heard on the hearing of the reference and shall be deemed to be parties to the reference, pursuant to section 378 of the Commonwealth Electoral Act 1918 (Cth):

(i)Senator Malcolm Roberts; and

(ii)the Attorney‑General of the Commonwealth.

2.The evidence sought to be placed before the Court by Saraya Dominique Marie Beric will not be received.

3.The submissions of Joe Bloggs, Deearne Gould and Ken Sengul will not be received by the Court and will not be taken into account on the hearing of the reference.

I publish that determination and the reasons for it.

In relation to the reference concerning Mr Joyce, the orders of the Court are:

1.The following persons shall be allowed to be heard on the hearing of the reference and shall be deemed to be parties to the reference, pursuant to section 378 of the Commonwealth Electoral Act 1918 (Cth):

(i)Barnaby Thomas Joyce;

(ii)the Attorney‑General of the Commonwealth; and

(iii)Antony Harold Curties Windsor.

2.The submissions of Joe Bloggs, Alex Kemeny, John Wallace West, Ross Drynan, Graeme Harrison, Robert Angyal, Terence Michael Dwyer and Bret Busby will not be received by the Court and will not be taken into account on the hearing of the reference.

I publish that determination and the reasons for it.

AT 10.20 AM THE MATTERS WERE ADJOURNED