Re Ludlam

[2017] HCATrans 227

[2017] HCATrans 227

IN THE HIGH COURT OF AUSTRALIA

SITTING AS THE COURT OF
DISPUTED RETURNS

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

GAGELER J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 10 NOVEMBER 2017, AT 10.12 AM

Copyright in the High Court of Australia

MR S.P. DONAGHUE, QC, Solicitor‑General of the Commonwealth:   May it please the Court, I appear for the Attorney‑General with my learned friend, MR M.P. COSTELLO.  (instructed by Australian Government Solicitor)

HIS HONOUR:   Yes, thank you, Mr Solicitor.  I have a memorandum from the Senior Registrar confirming that she has received an email from Browne Lawyers in Hobart confirming that the summons filed on behalf of the Attorney‑General on 7 November 2017 has been served on Mr Jordon Steele‑John and Mr Steele‑John will not make any submissions to the Court or be represented at the hearing for summons. 

MR DONAGHUE:   Thank you, your Honour.

HIS HONOUR:   Mr Solicitor, you move on the summons?

MR DONAGHUE:   I move on the summons of 7 November in that proceeding and I read the affidavit of Fleur Edwina Hill affirmed on 6 November in support of that summons.

HIS HONOUR:   Thank you.  Is there any reason why the order sought in the summons should not be made?

MR DONAGHUE:   No, your Honour.

HIS HONOUR:   Very well.  I am satisfied on the basis of the affidavit of Fleur Edwina Hill affirmed 6 November 2017 that it is appropriate to make the order sought in the summons and I therefore declare that Jordon Steele‑John is duly elected as a senator for the State of Western Australia for the place for which Scott Ludlam was returned.

MR DONAGHUE:   If the Court please.

AT 10.14 AM THE MATTER WAS ADJOURNED