Re Culleton

[2017] HCATrans 51

[2017] HCATrans 051

IN THE HIGH COURT OF AUSTRALIA

SITTING AS THE COURT OF
DISPUTED RETURNS

Office of the Registry
  Canberra  No C15 of 2016

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 RODNEY NORMAN CULLETON

KIEFEL CJ
KEANE J

TRANSCRIPT OF PROCEEDINGS

FROM BRISBANE BY VIDEO LINK TO SYDNEY

ON FRIDAY, 10 MARCH 2017, AT 9.01 AM

Copyright in the High Court of Australia

MR. N.J. WILLIAMS, SC:   May it please the Court, I appear with MR C.L. LENEHAN for the Attorney‑General of the Commonwealth.  (instructed by Australian Government Solicitor)

KIEFEL CJ:   Before we proceed, Mr Williams, there is a matter that the Court needs to deal with.

On 3 February 2017, this Court answered questions referred to it as the Court of Disputed Returns by the President of the Senate.  The answer to question (a) was to the effect that there is a vacancy in the representation of Western Australia in the Senate for the place for which Senator Rodney Norman Culleton was returned.  It was further ordered that the vacancy should be filled by a special count of the ballot papers and any directions necessary to give effect to the conduct of the special count should be made by a single Justice.  On 2 March 2017, Justice Keane made further orders.  The special count has been undertaken.

The matter presently before the Court is a summons brought by the Attorney‑General for a declaration that Panagiotis Georgiou is duly elected as a senator for the State of Western Australia for the place for which Rodney Norman Culleton was returned.

Yesterday afternoon, Mr Culleton advised the Senior Registrar that he was seeking an adjournment of today’s hearing to enable him to raise a number of arguments.  He listed 10 matters in an email to the Senior Registrar.  None of them have any relevance to the matter before the Court today.  No purpose would therefore be served in granting the adjournment.  The application for an adjournment is refused.

Mr Williams, Justice Keane and I have read your summons, the affidavits and your submissions.  Is there anything you wish to add to them?

MR WILLIAMS:   Aside from formally moving on the summons filed on 8 March and formally reading the affidavit of David Robert Lang affirmed on 7 March, we have nothing to add.

KIEFEL CJ:   Thank you, Mr Williams.

On 3 February this year, this Court held that there is a vacancy in the representation of Western Australia in the Senate for the place for which Rodney Norman Culleton was returned at the election in July 2016.  The Court ordered that the vacancy should be filled by a special count of the ballot papers and that any directions necessary to give effect to the conduct of the special count should be given by a single Justice of the Court.

On 2 March this year, Justice Keane gave directions for the Acting Australian Electoral Officer for the State of Western Australia to cause to be undertaken a special count in accordance with the schedule of directions appended to the order.  The affidavit of Mr David Lang, filed on 7 March, deposes that the special count was carried out on that day in accordance with the directions given.  Mr Lang reports that Mr Peter Georgiou would be placed 11th of the 12 candidates elected.

The Attorney‑General for the Commonwealth today seeks an order declaring that Panagiotis Georgiou is duly elected as a senator for the State of Western Australia for which Rodney Culleton was returned.  It may be noted that Panagiotis Georgiou is Mr Georgiou’s name as it appears on the electoral roll.  Peter Georgiou is the name which Mr Georgiou wished to appear on the ballot paper.

Having read the affidavit of Mr Lang, we are satisfied that it is appropriate that the Court should now make an order in terms of the declaration sought.  It is apparent that no place other than that for which Mr Culleton was returned could be affected by the order sought.  Accordingly, we declare that Panagiotis Georgiou is duly elected as a senator for the State of Western Australia for the place for which Rodney Norman Culleton was returned.

The Court will now adjourn until 9.30 am.

AT 9.06 AM THE MATTER WAS CONCLUDED