Form 22—Election petition
Rule 30.01
IN THE HIGH COURT OF AUSTRALIA
SITTING AS THE COURT OF DISPUTED RETURNS
PERTH REGISTRY
No. P43 of 2016
10 BETWEEN:
IAN BRUCE BELL
Petitioner
and
RODNEY NORMAN CULLETON
Respondent
20
___________________________________________________________________
ELECTION PETITION
___________________________________________________________________
30
This petition concerns the election of twelve Senators for the State of Western Australia held on 2 July 2016.
RETURN OF WRIT
The writ for the election was returned on 8 August 2016.
40
___________________________________________________________________
` Page : 1.
Ian Bruce Bell Telephone : (0447) 052 660
188 Epsom Avenue, Belmont, Fax :
Western Australia 6104 Email :
Ref:
Page 2
ENTITLEMENT TO FILE THIS PETITION
The petitioner is entitled to file this petition because he is a registered voter eligible to vote in the State of Western Australia.
STATEMENT OF FACTS
10
On or about 10 June 2016 the Respondent completed and lodged a nomination as a candidate for the Senate in the State of Western Australia which was false in a material particular, namely that he was eligible to so nominate when, pursuant to placida 44 (ii) of the Constitution, he was not so eligible.
Additionally and in the alternative to the above, the Respondent herein, at the time of hearing of this application may also be ineligible to sit as a Senator with reference to:
placida 45 (i) and / or
20
placida 45 (ii) in relation to bankrupt or insolvent debtors.
In the particular circumstances, said Respondent, by purporting to stand for election as a duly authorised candidate when he was not, or in the alternative, is now not eligible, did disenfranchise more than 52,000 electors in the State of Western Australia.
The Respondent is or may properly be liable to penalty in favour of the Petitioner herein pursuant to:
30
Placida 46 of the Constitution
OR
Section 3 of the Common Informers (Parliamentary Disqualification) Act 1975 OR
As may be determined in an associated Writ by this same Petitioner regarding a Constitutional matter, namely the correct construction of placida 46.
Page 3
RELIEF
The petitioner asks the Court to make the following Orders:
1. A Declaration that Rodney Normal Culleton was disqualified from being elected or of sitting as a Senator in the Australian Parliament :
10 (a) as being at the relevant time, ineligible pursuant to placida 44 (ii) of the Constitution to nominate for election as a Senator,
and / or
(b) ineligible to sit pursuant to placida 45 (i) and / or (ii) of the Constitution.
And his seat in the Senate is Declared Vacant.
2. A Declaration that the election for twelve Senators for the State of Western
20 Australia conducted on 2 July 2016 is invalid.
3. The Australian Electoral Commission is directed to take all actions necessary to declare said twelve Senate seats vacant and duly call for nominations and arrange and supervise in all proper ways, a new election for twelve Senators for the State of Western Australia.
4. In the interregnum, pursuant to Section 364 of the Commonwealth Electoral
30 Act 1918, until all Senators for the State of Western Australia are duly elected, the other eleven Senators declared elected and the thirteenth ranked candidate at the election conducted on 2 July 2016 shall fill the Senate vacancies on behalf of the electors of the State of Western Australia.
Page 4
7. Indemnity Costs of this Application to be paid in the Discretion of the Court.
DATED: 1 September 2016
10
(Signed by the Petitioner)
IN THE PRESENCE OF:
20
..................................... ....................................
Signed by Witness Signed by Witness
..................................... ....................................
Name of Witness Name of Witness
.................................... .......................................
30 Occupation of Witness Occupation of Witness
…………………………… …………………………….
…………………………… …………………………….
........................................ ........................................
40 Address of Witness Address of Witness
Page 5
TO: THE RESPONDENT
47A Camden Street, Dianella 6059 Western Australia
10 The Petitioner’s address for service is:
188 Epsom Avenue, Belmont 6104 Western Australia