Re Senator Robert Wood

Case [1988] HCATrans 37


IN THE HIGH COURT OF AUSTRALIA

SITTING AS THE COURT OF

DISPUTED RETURNS

In the matter of -

The Corrrrnonwealth Electoral Act

1918-1980

Registry No C3 of 1988
Questions referred pursuant to
section 377 of the Corrrrnonwealth
Electoral Act 1918

RE SENATOR ROBERT WOOD

MASON CJ

WILSON J

BRENNAN J
DEANE J

DAWSON J

TOOHEY J

GAUDRON J

Wood(2)

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 11 ~..ARCH 1988, AT 10.18 AM

Copyright in the High Court of Australia

ClTl/1/RB 1 11/3/88

MR G. GRIFFITH, QC, Solicitor-General for the Connnonwealth:

If the Court pleases, I appear for the

Attorney-General for the Connnonwealth.

(instructed by the Australian Government Solicitor)

The terms of Your Honour's order of 2 March

grants leave to name counsel who then appeared for

the Attorney to appear. I seek to appear in
substitution for him.
MASON CJ:  Yes.

MR K. MASON, QC, Solicitor-General for New South Wales:

If Your Honour pleases, I appear for the

State of New South Wales.

(instructed by Crown Solicitor for New South Wales)

Your Honour, there has been some discussion amongst

those present at the bar table as to a suggested order

of submissions. I do not know what the Court's

view is on the matter.

MASON CJ:  I do not think the Court has a view at the moment.
MR MASON:  Do Your Honours wish me to indicate that now,

or to take the appearances?

MASON CJ:  Yes, you may as well do so.
MR MASON:  The suggestion of those present is that I would

address first, followed by my learned friend Dr Griffith,
followed by Mr Robertson for the Electoral Connnission,

followed by Mr Herbert for the State of Queensland.

Messrs Mackerras and Haldane-Stevenson have indicated

that they are content to put their addresses at any

appropriate stage and the suggestion is that they

follow in the order that I have mentioned

thereafter, followed by Miss Coombs who appears for

Mrs Nile and Mr Kenzie who appears for Senator Wood.

There is some factual material which Miss Coombs

wishes to explore at an early stage as to whether

that material is before the Court on the reference.
MASON CJ:  Yes. When you say at an early stage, it is

intended to raise that matter first, is it?

MR MASON:  Yes. I understand she wants to raise that at the

outset.

(Continued on page 3)

ClTl/2/HS 11/3/88
Wood(2)

MASON CJ: Yes. Yes, well, the order of addresses indicated

by the Solicitor for New South Wales is acceptable

to the Court.

MR R. KENZIE, QC:  May it please the Court, I appear for
Senator Wood. Leave was granted pursuant to

section 378 on the last occasion. (instructed

by R.L. Whyburn & Assoc)

MASON CJ:,Yes, Mr Kenzie.

MR A. HERBERT:  If it please the Court, I appear for the

Attorney-r-enera1 of tt-.e <::tate of Qu 0 ensland.

An appearance was entered on the last occasion

pursuant to section 78 of the JUDICIARY ACT.

(instructed by Crown Soli<'itnr fnr Q11eensl!'lnd'

MASON CJ: Yes, Mr…

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Re Senator Robert Wood [1988] HCATrans 37
Case
[1988] HCATrans 37
Decision Date

CaseChat Overview and Summary

The High Court of Australia, sitting as the Court of the Commonwealth Electoral Act, heard submissions in a matter concerning Senator Robert Wood. Appearances were noted for the Attorney-General for the Commonwealth, the State of New South Wales, Senator Wood, the Attorney-General of the State of Queensland, Mrs Nile, and the Australian Electoral Commission. Counsel for the parties indicated a proposed order of submissions, with a preliminary matter regarding the factual material before the Court to be raised by counsel for Mrs Nile.

The central legal issue before the Court, as indicated by the proceedings, concerned a reference pursuant to section 377 of the Commonwealth Electoral Act. While the precise nature of the reference is not detailed in this excerpt, the involvement of various state and federal government representatives, as well as the Electoral Commission, suggests a significant question of electoral law or the eligibility of a Senator. The Court also considered the extent to which interveners, such as Mr Mackerras and Mr Haldane-Stevenson, should be permitted to make oral submissions, given their lack of direct interest in the case and the expectation that their arguments would be contained within filed written submissions.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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