Re Gallagher [2018] HCATrans 100 (23 May 2018)

Last Updated: 23 May 2018

[2018] HCATrans 100

IN THE HIGH COURT OF AUSTRALIA

SITTING AS THE COURT OF
DISPUTED RETURNS

Office of the Registry
Canberra No C32 of 2017

B e t w e e n -

IN THE MATTER OF QUESTIONS REFERRED TO THE COURT OF DISPUTED RETURNS PURSUANT TO SECTION 376 OF THE COMMONWEALTH ELECTORAL ACT 1918 (CTH) CONCERNING SENATOR KATY GALLAGHER

EDELMAN J

TRANSCRIPT OF PROCEEDINGS

FROM BRISBANE BY VIDEO LINK TO MELBOURNE AND SYDNEY

ON WEDNESDAY, 23 MAY 2018, AT 9.00 AM

Copyright in the High Court of Australia

MS J.D. WATSON: May it please the Court, I appear for the Attorney-General of the Commonwealth. (instructed by Australian Government Solicitor)

MR R. SCHEELINGS: If the Court pleases, I appear for Mr David Smith, the subject of the declaration in support of the Attorney-General’s summons and submissions. (instructed by Maurice Blackburn Lawyers)

HIS HONOUR: Yes, Ms Watson.

MS WATSON: Your Honour, I move on the summons filed in this proceeding on 21 May 2018 and I read in support of that summons the affidavit of Mr Ian Donald Gordon, affirmed on 18 May 2018.

HIS HONOUR: Thank you. Is there any reason in the Attorney-General’s submission why those orders should not be made?

MS WATSON: No, your Honour.

HIS HONOUR: Yes, Mr Scheelings.

MR SCHEELINGS: No further submissions except in support of the Attorney-General’s submissions, your Honour.

HIS HONOUR: Yes. No reason why the order should not be made?

MR SCHEELINGS: That is so, your Honour.

HIS HONOUR: Yes, thank you.

On 9 May 2018, in Re Gallagher, this Court answered question (a) in the proceeding to the effect that there was a vacancy in the representation for the Australian Capital Territory for the place which Ms Gallagher was returned, in question (b) in the proceeding to the effect that the vacancy should be filled by a special count of the ballot papers.

On 16 May 2018, I made orders and gave directions concerning the process by which the special count should be undertaken. The Attorney-General now moves on a summons filed on 21 May 2018 supported by an affidavit of Mr Ian Donald Gordon, affirmed on 18 May 2018, seeking a declaration that David Philip Benedict Smith is duly elected as a senator for the Australian Capital Territory.

I am satisfied there is no reason why the declaration sought should not be made. I make the following declaration:

David Philip Benedict Smith is duly elected as a senator for the Australian Capital Territory.

Unless there is anything further, the Court will now adjourn until 10.15 am.

AT 9.02 AM THE MATTER WAS CONCLUDED