The Electoral Rules of 1908 (WA)

Western Australia

The Electoral Rules of 1908

Western Australia

The Electoral Rules of 1908

CONTENTS

• Shorttitle

  1.                                                                                          1

• Titleofpetition

  2.                                                                                  1

3.            Filing                                                                                    1

• Publication

  4.                                                                                        2

• Serviceofpetition

  5.                                                                              2

• Serviceatanaddressforservice

  6.                                                         2

• Particulars

  7.                                                                                         3

• Countercharges

  8.                                                                                 4

• Interlocutoryquestions

  9.                                                                       4

• Respondentmaygivenoticethathedoesnotopposepetition

  10.             4

11.          Trial                                                                                      5

• Withdrawalofpetition

  12.                                                                     5

• Abatementbydeathofpetitioner

  13.                                                      5

• Substitutionofparties

  14.                                                                      5

• Formsandfees

  15.                                                                                6

• ApplicationofGeneralRulesofCourt

  16.                                              6

The First Schedule 7

The Second Schedule 11

Notes

• Compilationtable

  12

           

Western Australia

The Electoral Act 1907

The Electoral Rules of 1908

1.Short title

These rules may be cited as “The Electoral Rules of 1908”.

2.Title of petition

A petition under Part V of “The Electoral Act 1907”, shall be entitled “The Electoral Act 1907. In the Court of Disputed Returns.” and shall also be entitled “In the matter of the Election” in question, describing it as an election of a member of the Legislative Council for the Province in question, or as an election of a member of the Legislative Assembly for the District in question, or as the case may be.

It shall be divided into paragraphs, each of which, as nearly as may be, shall be confined to a distinct portion of the subject, and each paragraph shall be numbered consecutively.

It shall conclude with a prayer, as for instance that a candidate who was not returned as elected to be declared duly elected, or that the election may be declared absolutely void.

It may be in the form set out in the First Schedule, or to the like effect.

3.Filing

The petition shall be filed in the Central Office of the Supreme Court, and the petitioner shall lodge with the petition a copy thereof, and a form of notice thereof for publication as hereinafter provided, and shall deposit with the Master in addition to the sum of $100 as security for costs a sum sufficient to defray the cost of publication of the petition and notice thereof.

[Rule 3 amended by No. 113 of 1965 s. 8(1).]

4.Publication

The Master shall forthwith, after the filing of a petition, publish a copy thereof in the Government Gazette, and he shall also forthwith publish in some newspaper circulating in the Province or District for which the election was held a notice setting forth the fact of the presentation of the petition, the date of presentation, the name of the petitioner, the nature of the relief claimed, and, as concisely as may be, the grounds on which the election is disputed.

5.Service of petition

The petitioner shall, within 14 days of the filing of the petition, or within such further time as a Judge may allow, cause an office copy of the petition to be served upon the person whose election or return is disputed by the petition.

Service upon a person returned as elected may be made either personally or by post by prepaid registered letter, addressed to him at his address, as stated in his nomination paper.

6.Service at an address for service

Any person who has been returned as a member may send to the Master, at the Central Office of the Supreme Court in Perth, a writing signed by him giving an address, not more than one mile from the Central Office, at which a petition may be served upon him, and may by the same or another like writing appoint some person entitled to practise in the Supreme Court as a legal practitioner to act as his solicitor in respect of such petition.

When such writing has been sent to the Master, service of a petition upon the person by whom it was sent may be made by leaving the office copy of the petition with some person at the address specified in the writing.

7.Particulars

• (a)

  The Court or a Judge may order any party to the proceedings upon a petition to deliver to any other party particulars, or further and better particulars, of any matter alleged by such party.

• (b)

  When the petition, not being a petition merely claiming a fresh count of the votes actually counted at the election, claims the seat for a person who has not been returned as a member, alleging that such person had a majority of valid votes cast at the election, each of the parties shall, within 7 days after service of the petition, or within such further time as a Judge may allow, deliver to the Master and to the opposite party a list of the ballot‑papers or classes of ballot‑papers intended to be claimed or objected to, specifying in the case of ballot‑papers claimed the grounds on which the claim is based, and in the case of ballot‑papers objected to the grounds of objection on which he intends to rely; and no claim or objection shall be entertained in favour of or against the validity of any ballot‑paper upon any ground not specified in the lists so delivered, except by leave of the Court or a Judge, and upon such terms as to amendment of the list, adjournment of the trial, and payments of costs, as the Court or a Judge may order.

• (c)

  When the petition claims that the election may be declared void on the ground that certain persons who were not qualified to vote voted at the election, the petitioner shall, within 7 days after service of the petition, or within such further time as a Judge may allow, deliver to the Master and to the respondent a list containing the names of all persons alleged to have voted who were not qualified to vote at the election, and no objection shall be entertained against the vote of any person whose name does not appear in such list, except by leave of the Court or a Judge upon such terms as to amendment of the list, adjournment of the trial, and payment of costs, as the Court or a Judge may order.

8.Counter charges

When a petition claims a seat for a person who has not been returned as a member, and the respondent desires to set up that the person for whom the seat is claimed was not duly elected upon some ground other than those mentioned in the last preceding rule, he shall within 7 days after service of the petition, or within such further time as the Court or a Judge may allow, deliver to the Master and to the petitioner, at his address for service, a statement of the grounds on which he intends to rely. The statement shall set forth the grounds in the same manner in which facts relied on to invalidate an election or return are required to be set forth in a petition.

9.Interlocutory questions

All interlocutory questions and matters may be heard and disposed of by a Judge at Chambers, who shall have the same control over the proceedings as a Judge at Chambers in the ordinary proceedings of the Supreme Court.

10.Respondent may give notice that he does not oppose petition

The respondent may, at any time, give notice that he does not intend to oppose or further oppose the petition by serving notice thereof, in writing, signed by the respondent or his solicitor, on the Master at the Central Office, and on the petitioner or his solicitor.

On such notice being served, the Court or a Judge may make an order in the terms of the prayer of the petition on the ex parte application of the petitioner.

The respondent shall not be liable for any costs incurred subsequent to such notice unless the Court or a Judge shall otherwise order.

11.Trial

The trial of the petition shall be held at a time and place to be appointed by the order of a Judge on the application of a party to the petition. Ten days’ notice of trial, or such other notice thereof as the Judge may direct, shall be given by the party obtaining the order to the other party to the petition, and, unless the Judge otherwise orders, shall be advertised in some paper or papers circulating in the Province or District for which the election was held.

An order appointing the time and place of trial may be varied from time to time.

12.Withdrawal of petition

A petition may be withdrawn by leave of the Court or a Judge upon such terms as the Court or a Judge may think fit. Unless the Court or a Judge shall otherwise order, 10 days’ notice of the intention to apply for leave shall be given to the respondent, and by advertisement in some newspaper or newspapers circulating in the Province or District for which the election was held, and at the hearing of the application the Court or a Judge may allow any other person who was competent to present a petition on the like grounds to be substituted for the petitioner. The proceedings upon the petition shall thereupon be continued as if the person so substituted had been the original petitioner.

13.Abatement by death of petitioner

When a sole petitioner dies before the trial of the petition, a Judge may, in his discretion, allow some other person to be substituted as petitioner. The proceedings upon the petition shall thereupon be continued as if the person so substituted had been the original petitioner.

14.Substitution of parties

If the Court or a Judge has reason to believe that the parties to a petition are acting in collusion with each other, or with any third person for the purpose of defeating the true intent of the Electoral Act 1907, the Court or a Judge may direct some other person to be substituted for the petitioner or respondent, and the proceedings upon the petition shall be continued as if the person so substituted had been an original party to the petition: Provided that the original party and not the substituted party shall be liable to pay such costs of the proceedings as the Court may order to be paid.

15.Forms and fees

The forms prescribed by the First Schedule may be used, and the fees prescribed by the Second Schedule shall be paid in proceedings in the Court of Disputed Returns.

16.Application of General Rules of Court

The General Rules of the Supreme Court, and the Orders of the Supreme Court relating to fees shall, so far as the same are applicable, and are not inconsistent with these rules extend and apply to proceedings in the Court of Disputed Returns.

The First Schedule

Forms

THE ELECTORAL ACT 1907

Petition

In the Court of Disputed Returns.

In the matter of the election of a member of the Legislative Council for the .................................................... Province [or of the Legislative Assembly for the ................................................................ District.]

THE Petition of A.B., of ......................................................................................., whose name is subscribed.

[Set out the facts relied on in paragraphs.]

Whereupon your petitioner prays that it may be determined .................................

................................................................................................................................

[Set out the relief the petitioner claims to be entitled to.]

(Signature.)

Witnesses — 

C.D. (Address.)

E.F. (Address.)

Filed in the Central Office of the Supreme Court the ................................. day of ...................................., 20......., by .................................. of ................................, Solicitor for the Petitioner.

Address for Service ......................................................

THE ELECTORAL ACT 1907

Notice of Presentation of Petition,

NOTICE is hereby given that on the ............................ day of ............................, 20....., a Petition was presented to the Court of Disputed Returns by ................... of ................................ (Name and Address of Petitioner) claiming the following relief namely ................................ on the following grounds: — ..........................

Dated the .................................. day of ....................................................., 20.......

.............................................................

Master of the Supreme Court.

THE ELECTORAL ACT 1907

Address for Service

To the Master of the Supreme Court

I, A.B., .................................................., returned as a member of the Legislative Council [or Assembly] for the .........................................., Province [or District] appoint .................................... as the address at which a petition under Part V of the Electoral Act 1907 may be served upon me, and I appoint ............................, a legal practitioner entitled to practise in the Supreme Court as my Solicitor in respect of such petition.

Dated the .................................. day of ....................................................., 20.......

(Signature) ................................................

THE ELECTORAL ACT 1907

Notice of Application for Leave to withdraw Petition

In the Court of Disputed Returns.

In the matter of the election of a member of the Legislative Council for the ............................. Province [or of the Legislative Assembly for the ............................. District]. And in the matter of the Petition of A.B. claiming [state shortly the relief claimed].

Notice is hereby given that the petitioner will, on the ................................ day of .........................................., 20......, apply to the Court of Disputed Returns in the Supreme Court Buildings, Perth, for the leave of the Court to withdraw his petition filed the ................................... day of ..........................................., 20.....

Dated the .................................. day of ....................................................., 20.......

THE ELECTORAL ACT 1907

Notice of intention not to oppose Petition

In the Court of Disputed Returns.

In the matter of the election of a member of the Legislative Council for the ............................. Province [or of the Legislative Assembly for the ............................. District].

And in the matter of the petition of A.B., claiming [state shortly the relief claimed].

Take notice that I do not intend to oppose (or to further oppose) this petition.

Dated the .................................. day of ...................................................., 20.......

........................................................

Respondent.

To      The Master of the Supreme Court and to the abovenamed Petitioner.

THE ELECTORAL ACT 1907

Notice of Trial

In the Court of Disputed Returns.

In the matter of the election of a member of the Legislative Council for the ............................. Province [or of the Legislative Assembly for the ............................. District].

Notice is hereby given that the time and place for the hearing of the petition of A.B., filed the .................................... day of ...................................., 20....., have been appointed as follows: — 

The ..................................... day of ......................................, 20....., at the hour of ........................... o’clock in the forenoon in the Supreme Court Buildings, Perth.

Dated the .................................. day of ....................................................., 20.......

THE ELECTORAL ACT 1907

Summons of a Witness

In the Court of Disputed Returns.

In the matter of the election of a member of the Legislative Council for the ............................. Province [or of the Legislative Assembly for the ............................. District.]

And in the matter of the Petition of A.B.

To .... ..........................................., of ........................................

You are hereby required to attend the sittings of the Court of Disputed Returns to be holden at the Supreme Court Buildings, Perth, on .................................. the ............................. day of ............................, 20....., at the hour of ........................ in the ................... noon, and so from day to day until the above Petition is tried, to give evidence on behalf of the ................................ and also to bring with you and produce at the time and place aforesaid ..........................................................

................................................ C. J.

............................................. [or J.]

This Summons was issued by ..............................................................., Solicitor, Perth, for and on behalf of the ...............................................................................

The Second Schedule

Fees

$
On filing petition ...............................................................................	1.00
On application for leave to withdraw petition ...................................	0.30
On an order for leave to withdraw petition .......................................	0.50
On an order of the Court after notice by respondent of intention not to oppose petition ......................................................................	0.50
On an order of the Court after trial ....................................................	1.00
On any interlocutory application .......................................................	0.30
On any interlocutory order ................................................................	0.50
For sealing any copy of a document as an office copy, per folio ......	0.02
For making any copy of a document, and sealing same as an office copy, per folio ............................................................................	0.05
For every summons for the attendance of a witness .........................	0.05

[The Second Schedule amended by No. 113 of 1965 s. 8(1)]

Notes

1         This is a compilation of The Electoral Rules of 1908. The following table contains information about those rules.

Compilation table

Citation	Gazettal	Commencement
The Electoral Rules of 1908	9 Oct 1908 p. 2706‑8	9 Oct 1908
Decimal Currency Act 1965 assented to 21 Dec 1965		s. 4-9: 14 Feb 1966 (see s. 2(2)); balance: 21 Dec 1965
Reprint of The Electoral Rules of 1908 as at 19 Oct 2001(includes amendments listed above)