Re Reference to Court of Disputed Returns; Re Webster [1975] HCA 22

High Court of Australia Barwick C.J. Re Reference to Court of Disputed Returns; Re Webster [1975] HCA 22

ORDER Questions referred to the Court of Disputed Returns answered as follows: (a) Whether Senator Webster was incapable of being chosen or of sitting as a Senator. Answer: No. (b) Whether Senator Webster had become incapable of sitting as a Senator. Answer: No.

Cur. adv. vult.

Barwick C.J. delivered the following written judgment:—

June 24 Barwick C.J.

Questions as to the eligibility of a senator to be chosen and to sit in the Senate having arisen in that House of the Parliament, the Senate resolved that the questions be referred to the High Court of Australia for its decision as the Court of Disputed Returns, so constituted under s. 184 of the Commonwealth Electoral Act, 1918-1973. That provision is authorized by ss. 47 and 51 (xxxvi.) of the Constitution. The question is whether the senator at the relevant time had any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons, contrary to the provisions of s. 44 (v) of the Constitution.

In conformity with s. 204 of the Commonwealth Electoral Act, the President of the Senate sent to the Principal Registrar of this Court a statement of the questions upon which the determination of the Court was desired together with papers, proceedings, and documents relating to the questions. The questions posed by the Senate are: (a) Whether Senator Webster was incapable of being chosen or of sitting as a senator; and (b) Whether Senator Webster has become incapable of sitting as a senator.

The papers, etc. are:

Journals of the Senate —

No. 64 of 15th April 1975 — Entry 4, at p. 597.