Re Kakoschke-Moore

The High Court of Australia, sitting as the Court of Disputed Returns, considered questions referred to it concerning Ms Skye Kakoschke-Moore. The Attorney-General of the Commonwealth of Australia was the sole party appearing, represented by Ms J.D. Watson. The matter concerned the filling of a vacancy in the representation of South Australia in the Senate for the place for which Ms Kakoschke-Moore had been returned.

The Court was required to determine whether Timothy Storer was duly elected as a senator for the State of South Australia. This determination followed an order made on 13 February 2018 directing a special count of ballot papers to fill the vacancy. The special count was conducted in accordance with directions specified in that order and the rules for counting set out in section 273 of the *Commonwealth Electoral Act 1918* (Cth).

The Court applied the provisions of section 273 of the *Commonwealth Electoral Act 1918* (Cth) to the results of the special count. The count established that twelve candidates would be elected, with eleven achieving the required quota. The twelfth candidate, Lucy Gichuhi, did not achieve the quota but received more votes than the only other continuing candidate, Anne McEwen. Under section 273(17) of the Act, this resulted in Lucy Gichuhi's election. Based on the affidavit of the Australian Electoral Officer for South Australia, which was not disputed, and the fact that Timothy Storer was capable of being chosen and sitting as a senator, the Court was satisfied that a declaration of his election was appropriate.

The Court ordered that Timothy Storer is duly elected as a senator for the State of South Australia.