Re Nash; Re Xenophon

Case

[2017] HCATrans 181

No judgment structure available for this case.

[2017] HCATrans 181

IN THE HIGH COURT OF AUSTRALIA

SITTING AS THE COURT OF
DISPUTED RETURNS

Office of the Registry
  Canberra  No C17 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 FIONA NASH

Office of the Registry
  Canberra  No C18 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 NICK XENOPHON

KIEFEL CJ

TRANSCRIPT OF PROCEEDINGS

FROM CANBERRA BY VIDEO LINK TO MELBOURNE AND SYDNEY

ON FRIDAY, 15 SEPTEMBER 2017, AT 10.15 AM

____________________

HER HONOUR:   Before proceeding with directions, I need to deal with some determinations concerning the references relating to Senators Nash and Xenophon which were received subsequent to the directions hearings in the other matters.  Following receipt of these references, the Court published notices inviting persons to apply to the Court to be heard or to make submissions.  I have made determinations with respect to the applications so made. 

In the matter of the reference relating to Senator Fiona Nash, I order as follows:

1.The following persons shall be allowed to be heard on the hearing of the reference and shall be deemed to be parties to the reference pursuant to section 378 of the Commonwealth Electoral Act 1918 (Cth):

(i)Senator Fiona Nash; and

(ii)the Attorney‑General of the Commonwealth.

2.The submission of Ross Drynan will not be received by the Court and he will not be heard on the hearing of the reference. 

In relation to the reference relating to Senator Nick Xenophon, I order as follows:

1.The following persons shall be allowed to be heard on the hearing of the reference and shall be deemed to be parties to the reference pursuant to section 378 of the Commonwealth Electoral Act 1918 (Cth):

(i)Senator Nick Xenophon; and

(ii)the Attorney‑General of the Commonwealth.

2.The submission of Ross Drynan will not be received by the Court and he will not be heard on the hearing of the reference.

AT 10.17 AM THE MATTERS WERE ADJOURNED

Areas of Law

  • Constitutional Law

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Standing

  • Jurisdiction

  • Procedural Fairness

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