Court Of Disputed Returns (New South Wales)
The Supreme Court of New South Wales sits as the Court of Disputed Returns when considering a petition concerning the validity of any election or return under the Parliamentary Electorates and Elections Act 1912 (NSW). The Court is concerned solely with elections held for the New South Wales Parliament.
The High Court of Australia sits as a Court of Disputed Returns for federal elections. Prior to the enactment of the Electoral and Referendum Act (No 1) 2001 (Cth) (which commenced on 16 July 2001), the High Court could refer federal electoral disputes to the Supreme Court of a state.
The Court may also consider questions respecting the qualifications of a member of the Legislative Assembly or the Legislative Council, or respecting a vacancy in either, but only if that question was referred by either assembly or council. The Court may declare that any person was not qualified to be a member of parliament, declare that any person was not capable of sitting as a member of parliament, or to declare that there is a vacancy.
Read more about Court Of Disputed Returns (New South Wales): The Petition, History
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