Court of Disputed Returns (Australia)

Australian Court of Disputed Returns
Jurisdiction Australia
Location Canberra, Australian Capital Territory
Coordinates 35°17′56″S 149°08′08″E / 35.29889°S 149.13556°E / -35.29889; 149.13556Coordinates: 35°17′56″S 149°08′08″E / 35.29889°S 149.13556°E / -35.29889; 149.13556
Composition method Vice-regal appointment upon Prime Ministerial nomination, following advice of Attorney-General and Cabinet
Authorized by Parliament of Australia via the Commonwealth Electoral Act 1918 (Cth)
Judge term length Until age of 70 years
Chief Justice of Australia
Currently Robert French
Since 1 September 2008 (2008-09-01)

The Court of Disputed Returns in Australia is a court within the Australian court hierarchy established pursuant to the Part XXII of the Commonwealth Electoral Act 1918 (Cth). The jurisdiction of the Court is exercised by the High Court of Australia, which can refer cases to the Federal Court of Australia. The Court makes determinations on the validity of elections for representatives in the Parliament of Australia only.

History

A Court of Disputed Returns is a court, tribunal or some other body that determines disputes about elections in some common law countries, including Australia.

Prior to the enactment of the Electoral and Referendum Amendment Act (No 1) 2001 No. 34 (Cth), which commenced on 16 July 2001, the High Court could refer federal electoral disputes to the Supreme Court of a state.[1][2][3]

The power of the Court of Disputed Returns was recently brought to the attention of the public following the 2013 federal election in which the Australian Electoral Commission lost 1,370 ballot papers in Western Australia. Sitting as the Court of Disputed Returns, the High Court declared the Senate election in Western Australia as void,[4] and ordered a special election.

See also

References

  1. ↑ Schoff, Paul (1997). "The electoral jurisdiction of the High Court as the Court of Disputed Returns: Non-Judicial power and incompatible function?" (25 FLR 317).
  2. ↑ "The Judicial Power of the Commonwealth: A Review of the Judiciary Act 1903 and Related Legislation". Australian Law Review. Australian Law Reform Commission (92).
  3. ↑ Walker, Kristen (1997). "Disputed returns and Parliamentary qualifications: Is the High Court's jurisdiction constitutional?" (PDF). UNSW Law Journal. UNSW Press. 20 (2): 257–273. Retrieved 11 August 2016.
  4. ↑ The Australian Electoral Commission v Johnston [2014] 5 at 122 (18 February 2014), HCA (Cth)

External links


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