Commonwealth Consolidated Acts

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COMMONWEALTH ELECTORAL ACT 1918 - SECT 355

Requisites of petition

    Subject to section   357, every petition disputing an election or return in this Part   called the petition shall:

  (a)   set out the facts relied on to invalidate the election or return;

  (aa)   subject to subsection   358(2), set out those facts with sufficient particularity to identify the specific matter or matters on which the petitioner relies as justifying the grant of relief;

  (b)   contain a prayer asking for the relief the petitioner claims to be entitled to;

  (c)   be signed by a candidate at the election in dispute or by a person who was qualified to vote thereat, or, in the case of the choice or the appointment of a person to hold the place of a Senator under section   15 of the Constitution or section   44 of this Act, by a person qualified to vote at Senate elections in the relevant State or Territory at the date of the choice or appointment;

  (d)   be attested by 2 witnesses whose occupations and addresses are stated;

  (e)   be filed in the Registry of the High Court within 40 days after:

  (i)   if the polling day for the election in dispute is not the polling day for any other election--the return of the writ for the election; or

  (ii)   if the polling day for the election in dispute is also the polling day for another election or other elections--the return of whichever of the writs for the election in dispute and that other election or those other elections is returned last; or

  (iii)   if the choice or the appointment of a person to hold the place of a Senator under section   15 of the Constitution is in dispute--the notification of that choice or appointment.


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