Re Parry; Re Lambie

The High Court of Australia, sitting as the Court of Disputed Returns, considered questions referred concerning the eligibility of Mr Stephen Parry and Ms Jacqui Lambie to hold Senate seats for Tasmania. The proceedings involved the Commonwealth Attorney-General, represented by the Solicitor-General, and parties representing Mr Martin and Mr Colbeck, who were identified as potential successors following the disqualification of Mr Parry and Ms Lambie. The central dispute revolved around whether to declare Mr Martin and Mr Colbeck duly elected as senators, following a special count of ballot papers ordered by the Court.

The Court was required to determine whether Mr Martin and Mr Colbeck should be declared duly elected senators for Tasmania. This involved considering the implications of a recent Full Court decision that found Mr Martin was not disqualified under section 44(iv) of the Constitution. The Court also had to address media reports suggesting Mr Martin's expulsion from the Jacqui Lambie Network party and whether this, or the original circumstances of Ms Lambie's disqualification, warranted a different approach to the special count or the declaration of election. A further issue concerned the precise form of the declaration, specifically whether it should specify the "place" in the Senate to which a senator is elected, and the potential ramifications for Senate terms.

The Court reasoned that the Full Court's determination that Mr Martin was not disqualified resolved a significant impediment to his election. Despite media reports of Mr Martin's expulsion from his party, the Court found no admissible evidence before it to support this, nor any party seeking to advance it as a reason to alter the course of the proceedings. The Court emphasised that Ms Lambie had notice of the special count orders and the potential for Mr Martin to be declared elected, and that the time to raise objections had passed. The Court distinguished the present matters from the *Kakoschke-Moore* case, noting that the special count had already been conducted and Mr Martin's eligibility established before any alleged party expulsion. The Court also held that the "place" in the Senate is a matter for the Senate itself to determine, and that declarations of due election should be made in a form that does not pre-empt this determination, aligning with previous High Court practice.

Accordingly, the Court declared that Steven Martin was duly elected as a senator for the State of Tasmania. In the matter concerning Mr Stephen Parry, the Court also ordered that Mr Richard Colbeck be declared duly elected as a senator for Tasmania, with the Commonwealth to pay Mr Colbeck's costs of the proceeding.