Re Gallagher

[2018] HCATrans 85

[2018] HCATrans 085

IN THE HIGH COURT OF AUSTRALIA

SITTING AS THE COURT OF
DISPUTED RETURNS

Office of the Registry
  Canberra  No C32 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 KATY GALLAGHER

EDELMAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 16 MAY 2018, AT 9.15 AM

Copyright in the High Court of Australia

HIS HONOUR:   Yes, Ms Watson.

MS J.D. WATSON:   May it please the Court, I appear for the Attorney‑General of the Commonwealth.  (instructed by Australian Government Solicitor)

HIS HONOUR:   Yes, thank you.

MS WATSON:   I move on the summons filed on 10 May 2018 and read the affidavit of Mr Andrew Kevin Gately, affirmed on 9 May 2018.

HIS HONOUR:   Yes, thank you.  I have both of those and I have read those.  The proposed orders, unless there is anything you wish to say about them, seem to me to be appropriate, as are the directions that are proposed.  What do you anticipate in relation to the timing?

MS WATSON:   Once the order for the conduct of the special count is made I am instructed that the special count will be undertaken within the next week and it could be brought back within a week for the final orders.

HIS HONOUR:   So that would be some time next week?

MS WATSON:   Yes, your Honour.

HIS HONOUR:   Well, if you remain in touch then with the Registry I would expect to list it then next week.  I could do so at short notice in Brisbane, by video link if necessary.

MS WATSON:   Yes, your Honour.

HIS HONOUR:   Yes.  Is there anything further?

MS WATSON:   No, your Honour.

HIS HONOUR:   Well, the orders that I will make on the summons filed on 10 May 2018 are as follows:

1.The Australian Electoral Officer of the Australian Capital Territory cause to be undertaken a special count of the ballot papers cast for candidates for election for the Senate pursuant to the writ issued by the Governor‑General dated 16 May 2016 for the election of two senators for the Australian Capital Territory for the purpose of determining the candidate entitled to be elected to the place for which Katherine Ruth Gallagher was returned.

2.The special count of the ballot papers be conducted in accordance with the directions set out in the schedule which will be annexed to this order.

3.There be liberty to apply to a Justice of the Court in respect of any further questions which may arise as to the method of counting of the ballot papers.

4.Upon completion of the special count, the Australian Electoral Officer for the Australian Capital Territory report to the Court the two candidates who, in order, would be elected upon application of the rules for counting set out in section 273 of the Commonwealth Electoral Act 1918 (Cth).

I make those orders.  I note that the directions to which I have referred in Order 2 are those proposed directions which were annexed to the Attorney‑General’s summons, filed on 10 May 2018 and I will give those seven proposed directions.

Anything further?

MS WATSON:   If the Court pleases.

HIS HONOUR:   The Court will adjourn until 10.15 am.

AT 9.18 AM THE MATTER WAS ADJOURNED