The Election Rules of 1904

Legislation au C1904L00049 CourtRules Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1904. No. 49.

 

IN THE HIGH COURT OF AUSTRALIA.

 

RULES OF COURT.

 

As of Monday, the 22nd day of August, a.d. 1904.

It is ordered as follows:—

Short title

1. These Rules may be cited as “The Election Rules of 1904.”

Application of General Rules of Court.

2. The Rules of Court contained in Part I. of the Schedule to the High Court Procedure Act 1903, and the Rules of Court as of Tuesday, the sixth day of October, a.d. 1903, relating to Fees and Percentages, and all amendments thereof and additions thereto respectively, shall, so far as the same are applicable, and are not inconsistent with these Rules, extend and apply to proceedings in the High Court in the exercise of its jurisdiction as the Court of Disputed Returns.

A petition disputing an election or return shall be deemed to be an originating proceeding within the meaning of the first-mentioned Rules.

Title of Petition.

3. The petition shall be entitled in the manner prescribed in Rule 2 of Order I, and shall also be entitled “In the matter of the Election” in question, describing it as an election of members of the Senate for the State in which the election was held, or as an election of a member of the House of Representatives for the Electoral Division in question, or as the case may be.

It shall be divided into paragraphs in the same manner as a Statement of Claim.

Publication.

4. The Registrar shall forthwith after the presentation of a petition publish a copy thereof in the Commonwealth Gazette and in the official Gazette of the State in which the election was held.

In the case of an election of a member of the House of Representatives he shall also forthwith publish in some newspaper circulating in the Electoral Division 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 he, the grounds on which the election is disputed.

Service of Petition.

5. The petitioner shall within thirty days after the presentation of the petition, or within such further time as a Justice may allow, cause an office copy of the petition to be served upon every 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.

C.7728.—Price 3d.


Service at an Address for Service.

6. Any person who has been returned as a member may send to the Registrar at the Registry in the State in which the election was held a writing signed by him giving an address not more than one mile from the Registry 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 High Court as a solicitor to act as his agent in respect of any such petition.

When such writing has been sent to the Registrar, 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.

Appearances.

7. Any person returned as a member whoso election or return is disputed by a petition may within fourteen days after service of the petition upon him, and any person who voted or had a right to vote at the election to which the petition relates, may within fourteen days after the publication of the petition in the official Gazette of the State in which the election was held, enter an appearance to the petition. Every person so entering an appearance shall be deemed to be a party to the proceedings upon the petition.

Particulars of Votes objected to.

8. 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, each of the parties shall, six days before the day appointed for the trial of the petition, deliver to the Registrar and to the opposite party at his address for service 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 objected to, the grounds of objection on which he intends to rely; and no objection shall be entertained 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 Justice and upon such terms as to amendment of the list, adjournment of the trial, and payment of costs, as the Court or Justice may order.

Countercharges.

9. When a petition claims a seat for a person who has not been returned as a member, and a party 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 six days after entering his appearance, or within such further time as the Court or a Justice may allow, deliver to the Registrar 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.

Particulars in general.

10. The Court or a Justice 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.

Trial.

11. The trial of the petition shall be held at a time and place to he appointed by the order of a Justice on the application of some party to the petition. Ten days’ notice of trial shall be given by the party obtaining the order to the other parties to the petition, and shall be advertised by the Registrar in some paper or papers circulating in the State or Electoral Division for which the election was held.


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

Withdrawal of Petition.

12. A petition may be withdrawn by leave of the Court or a Justice upon such terms as the Court or Justice may think fit.

Substitution of another Petitioner.

Ten days’ notice of the intention to apply for leave shall ho given by advertisement in some newspaper or newspapers circulating in the State or Electoral Division for which the election was held, and at the hearing of the application the Court or Justice 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 he continued as if the person so substituted had been the original petitioner.

Abatement by death of Petitioner.

13. When a solo petitioner dies before the trial of the petition, the Court or a Justice may allow some other person who was competent to present a petition on the same grounds 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.

S. W. GRIFFITH, C.J.

EDMUND BARTON, J.

R. E. O’CONNOR, J.

J. W. O’HALLORAN, Deputy Registrar.

 

 

By Authority: Robt. S. Brain, Government Printer, Melbourne.

Overview

The Election Rules of 1904 were enacted in 1904 to provide a framework for handling disputes relating to elections in the High Court of Australia, specifically in its role as the Court of Disputed Returns. The rules were introduced to ensure that the processes for contesting election results were clear and efficient, adhering to the provisions of the High Court Procedure Act 1903. The enacting body was the High Court of Australia, and the policy objective was to establish a structured procedure for dealing with petitions disputing election results, ensuring that all parties have the opportunity to present their case fairly and transparently. The rules aim to govern the presentation, service, and trial of petitions, as well as the publication of relevant information to the public.

Scope and Application

The Election Rules of 1904, as outlined in the statutory rules, pertain to the proceedings in the High Court of Australia when it exercises its jurisdiction as the Court of Disputed Returns. These rules apply to the proceedings concerning petitions that dispute the validity of an election or return, specifically those related to the election of members of the Senate or members of the House of Representatives. The rules extend to any person or entity involved in the disputed election or return and cover the conduct and transactions that are subject to such disputes. Geographically, these rules apply across the Commonwealth of Australia, particularly within the states and territories where the elections in question were held. The rules also incorporate the General Rules of Court, provided they are not inconsistent with the Election Rules, and amendments or additions to these rules may further extend or modify their application. There are no specific exclusions or exemptions mentioned within the text, but the rules do provide mechanisms for withdrawing petitions, substituting petitioners, and handling cases where a petitioner dies before the trial, ensuring the continuity of the legal process.

Key Provisions

The Election Rules of 1904, as detailed in Statutory Rules 1904 No. 49, establish the procedural framework for handling petitions related to disputed elections within the High Court of Australia. These rules, particularly sections 2 to 13, outline the procedures for filing, serving, and adjudicating on election petitions. Section 2 integrates the General Rules of Court and related fees rules into the election petition process, ensuring consistency and applicability where these rules do not conflict with the Election Rules. Section 3 specifies the format and content of the petition, ensuring it includes a formal title and is structured similarly to a Statement of Claim. Section 4 mandates the Registrar to publish the petition in the Commonwealth Gazette and the state's official gazette, along with a notice in a newspaper if the election pertains to a House of Representatives member. Section 5 requires the petitioner to serve a copy of the petition on all individuals whose election is contested within a specified timeframe. Section 6 allows those returned as elected to designate an address for service and an agent to receive petitions, facilitating easier service of process. Section 7 sets deadlines for appearances by those whose elections are disputed and by voters or those eligible to vote, allowing them to enter the proceedings and become parties to the petition. These rules impose specific obligations on the parties involved in election petitions. The petitioner must ensure the petition is correctly formatted and served within the stipulated timeframe (Section 3, 5). Those whose elections are contested must respond within fourteen days of service or publication of the petition (Section 7). Both parties must provide detailed lists of ballot papers to be claimed or objected to, specifying grounds for objections, six days before the trial (Section 8). They must also deliver any countercharges within six days of entering an appearance (Section 9). Additionally, parties must comply with requests for particulars or further details from the court or a justice (Section 10). These obligations ensure that the proceedings are transparent, orderly, and focused on the substantive issues of the election dispute. Failure to comply with the provisions of the Election Rules can lead to various consequences. For instance, Section 11 outlines the procedural steps for the trial of the petition, emphasizing the importance of timely notice and advertising. Non-compliance with these requirements could result in procedural errors or delays. Withdrawal of a petition (Section 12) or substitution of another petitioner (Section 13) must be done with the court's leave, and any failure to follow these provisions could invalidate the petition. While specific penalties are not detailed in the rules, non-compliance with court orders or procedural requirements could lead to adverse rulings or sanctions against the parties involved, potentially affecting the outcome of the election petition.

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Area of Law
Election & Political Law
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Service of Petition
Particulars of Votes objected to

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.