6.
Question (b)
If the answer to question (a) is "yes", by what means and in what manner that vacancy should be filled?
Answer
The vacancy should be filled by a special count of the ballot papers. Any directions necessary to give effect to the conduct of the special count should be made by a single Justice.
Question (c)
What directions and other orders, if any, should the Court make in order to hear and finally dispose of this reference?
Answer
Unnecessary to answer.
Question (d)
What, if any, orders should be made as to the costs of these proceedings?
Answer
Unnecessary to answer.
Matter No C15/2017
The questions referred to the Court of Disputed Returns by the Speaker of the House of Representatives in his letter dated 15 August 2017 be answered as follows:
Question (a)
Whether, by reason of s 44(i) of the Constitution[,] the place of the Member for New England (Mr Joyce) has become vacant?
Answer
By reason of s 44(i) of the Constitution, the place of the Member for New England, the Hon Barnaby Joyce MP, is vacant.
