Western Australian Current Regulations

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ELECTORAL RULES 1908 - REG 7

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 Court 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 Court 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.

        [Rule 7 amended: SL 2022/201 r. 9.]



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