Court of Disputed Returns (Queensland) - Procedure

Procedure

A dispute about an election may be made by petition to the Supreme Court, which sits as the Court of Disputed Returns. The petition can be heard by a single judge or it can be heard by more than one judge depending on the nature of the petition. Generally, only a single judge hears the case. The petition can be made by a candidate at the election for the electoral district concerned, an elector for the electoral district concerned, a person who the Electoral Commission decided was not properly nominated, or the Electoral Commission itself. The petitioner must make the application within seven days and pay a filing fee. The court may conduct hearings or other proceedings in relation to the petition. It is not bound by technicalities, legal forms or rules of evidence. It must deal with the petition as quickly as is reasonable in the circumstances. Wherever possible, it must ensure that the petition hearing begins within 28 days after the petition is lodged and the court’s final orders are given within 14 days after the end of the proceeding. In making a decision, the Court must exercise its judgment according to its good conscience and according to what it considers to be the substantial merits of the case as to whether the respective common law or statutory criteria have been met. It permits resort to a common sense judgment in all the circumstances. However, the court's judgment cannot be merely arbitrary.