Re Gallagher

The High Court of Australia, sitting as the Court of Disputed Returns, considered questions referred to it concerning Senator Katy Gallagher. The Attorney-General of the Commonwealth and Mr David Smith, the subject of a declaration in support of the Attorney-General’s summons, were parties to the proceeding.

The Court was required to determine whether to make a declaration that David Philip Benedict Smith is duly elected as a senator for the Australian Capital Territory. This followed earlier determinations by the Court that a vacancy existed in the representation for the Australian Capital Territory for the place Ms Gallagher was returned, and that this vacancy should be filled by a special count of ballot papers.

The Attorney-General moved on a summons filed on 21 May 2018, supported by an affidavit, seeking the declaration. Counsel for the Attorney-General and for Mr Smith indicated there were no submissions against the making of the declaration. The Court, being satisfied that there was no reason why the declaration should not be made, declared that David Philip Benedict Smith is duly elected as a senator for the Australian Capital Territory.