Re CulletonCitation:[2018] HCA 33Before:Kiefel CJDate:10 Aug 2018Case Number:C15/2016Read more

Re CulletonCitation:[2018] HCA 33Before:Kiefel CJDate:10 Aug 2018Case Number:C15/2016Read more

The Court held that the preconditions for reopening perfected orders were not met as the arguments were available at the time of the original reference and no exceptional circumstances were demonstrated.

Parties
Applicant: Applicant; Respondent: Senate
Jurisdiction
Australia
Judgment Date
10 August 2018
Procedural Posture
Election Petition / Application to Reopen Perfected Orders
Outcome
Application dismissed
Legal Topics
Senate Elections, Court of Disputed Returns, Reopening Orders, Parliamentary Privileges
Constitutional Law Parliamentary Law Senate Elections Court of Disputed Returns Reopening Orders Parliamentary Privileges

Case Brief

Summary, issues, holding and outcome

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Parties

Applicant

Applicant

Senate

Respondent

Procedural Posture

Election Petition / Application to Reopen Perfected Orders

Legal Issues

  1. 1 Whether the Court should reopen perfected orders declaring the applicant incapable of being chosen as a Senator
  2. 2 Whether the Senate was inquorate when it resolved to refer the applicant to the Court of Disputed Returns
  3. 3 Whether the arguments now raised were available on the original reference

Ratio Decidendi

The Court held that the preconditions for reopening perfected orders were not met as the arguments were available at the time of the original reference and no exceptional circumstances were demonstrated.

Court Disposition

Application dismissed

Orders

  • Application to reopen perfected orders is dismissed