Kiefel CJ
Bell J
Gageler J
Keane J
Nettle J
Gordon J
Edelman J
42.
being chosen as a member of the House of Representatives, the election of Mr Joyce MP was void, and a by-election must be held in order to elect the member for New England.
Conclusions
In the reference concerning Senator Canavan, the questions should be answered as follows:
- There is no vacancy by reason of s 44(i) of the Constitution in the representation of Queensland in the Senate for the place for which Senator the Hon Matthew Canavan was returned.
- Does not arise.
- No further order is required.
- No further order is required.
In the reference concerning Mr Ludlam, the questions should be answered as follows:
- There is a vacancy by reason of s 44(i) of the Constitution in the representation of Western Australia in the Senate for the place for which Mr Scott Ludlam was returned.
- 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.
- Does not arise.
- Unnecessary to answer.
In the reference concerning Ms Waters, the questions should be answered as follows:
- There is a vacancy by reason of s 44(i) of the Constitution in the representation of Queensland in the Senate for the place for which Ms Larissa Waters was returned.
