Re Lack; Ex parte McManus [1965] HCA 7

A recount ordered under s.137 may proceed at any stage of the scrutiny without prior completion, and all procedures—including random selection of surplus votes—must be repeated as prescribed by s.135(5) following a recount.

Jurisdiction: Australia
Procedural Posture: Application for Writs (prohibition and Mandamus) / Final Judgment
Outcome: applications dismissed
Legal Topics: ['recount Procedure' 'senate Election' 'random Selection of Surplus Votes']

['electoral Law'] ['recount Procedure' 'senate Election' 'random Selection of Surplus Votes']

Case Brief

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Procedural Posture

Application for Writs (prohibition and Mandamus) / Final Judgment

Legal Issues

1 ['Whether a recount can be directed before completion of the original scrutiny under the Commonwealth Electoral Act 1918-1962.' 'Whether the random selection of surplus votes under s. 135(5)(e)(v) is final and cannot be repeated in a recount.' 'Whether recount procedures must comply with the steps prescribed by s. 135(5) after a recount is directed.']

Ratio Decidendi

Court Disposition

applications dismissed

Orders

['The Commonwealth Electoral Officer having directed a recount, that recount may proceed forthwith without the scrutiny already begun being first completed, and all the steps prescribed by s.135(5) must be included in the course taken upon such recount.']