Re Wood [No 3] [1988] HCA 22

High Court of Australia Mason C.J. Wilson, Brennan, Deane, Dawson, Toohey and Gaudron JJ. Mason C.J. Re Wood [No 3]

ORDER Answer the questions referred to the Court of Disputed Returns as follows: A. Question: Whether there is a vacancy in the representation of New South Wales in the Senate for the place for which Senator Wood was returned? Answer: There is a vacancy in the representation of New South Wales in the Senate for the place for which Senator Wood was returned. B. Question: If so, whether such vacancy may be filled by the further counting or recounting of ballot papers cast for candidates for election for senators for New South Wales at the election? Answer: The vacancy may be filled by the further counting or recounting of ballot papers cast for candidates for election for senators for New South Wales at the election. C. Question: Alternatively, whether in the circumstances there is a casual vacancy for one senator for the State of New South Wales within the meaning of section 15 of the Constitution? Answer: There is no casual vacancy for one senator for the State of New South Wales within the meaning of s. 15 of the Constitution. Adjourn the matter to a date to be fixed. Direct any party wishing to make submissions dealing with the further function, if any, of the Court to notify the Registrar and the other parties on or before 19 May 1988. No orders as to costs.

(1) Order (1) as asked in the notice of motion.

(2) That the further counting and recounting of the ballot-papers be conducted in accordance with the directions set out in par. 9 of the affidavit of Colin Anfield Hughes sworn 19 May 1988 and numbered (1) to (8) inclusive, substituting in direction (1) the word "preferences" for the word "preference" where it appears for the second time.

(3) Order (3) as asked in the notice of motion.