HIGH COURT OF AUSTRALIA
KIEFEL CJ,
BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJ
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
Re Gallagher
[2018] HCA 17
9 May 2018
C32/2017
ORDER
The questions referred to the Court of Disputed Returns by the Senate be answered as follows:
Question (a)
Whether, by reason of s 44(i) of the Constitution, there is a vacancy in the representation for the Australian Capital Territory in the Senate for the place for which Katy Gallagher was returned?
Answer
Yes.
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 direction necessary to give effect to the conduct of the special count should be made by a single Justice.
