9.
Answer
There is no vacancy by reason of s 44(i) of the Constitution in the representation of South Australia in the Senate for the place for which Senator Nick Xenophon was returned.
Question (b)
If the answer to question (a) is "yes", by what means and in what manner that vacancy should be filled?
Answer
Does not arise.
Question (c)
What directions and other orders, if any, should the Court make in order to hear and finally dispose of this reference?
Answer
No further order is required.
Question (d)
What, if any, orders should be made as to the costs of these proceedings?
Answer
No further order is required.
Representation
S P Donaghue QC, Solicitor-General of the Commonwealth with P D Herzfeld, M P Costello and J D Watson appearing on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)
D M J Bennett QC with A L Tokley SC, G J D del Villar and A K Flecknoe-Brown appearing on behalf of Senator Canavan (instructed by Stokes Moore)
