History
The Court's jurisdiction over disputed electoral returns can be traced to the practices of the United Kingdom Parliament. Until 1604, disputed returns were decided by the King in Chancery. From 1604 to 1868, the British House of Commons exercised the jurisdiction. The Grenville Act 1770 (UK) provided for the determination of disputes by a Select Committee of the House of Commons. Later, a committee of 11 members were chosen by ballot to report their decision to the House.
In essence, the parliament had the jurisdiction to determine whether a person had been properly elected, rather than the Courts.
In 1868, the Parliamentary Elections Act 1868 (UK) was passed conferring jurisdiction on two judges of the Queen's Bench. The transfer of jurisdiction from Parliament to the courts was hastened by a concern with the partisanship of Parliament in ruling on electoral disputes.
At the time of federation in Australia, Western Australia and Tasmania had transferred jurisdiction over disputed returns to their Supreme Courts. South Australia and Queensland had created hybrid tribunals. Victoria and New South Wales retained the exclusive jurisdiction to determine disputed returns for themselves.
New South Wales gave the Supreme Court exclusive jurisdiction over disputed returns with the introduction of section 32 of the Parliamentary Electorates and Elections (Amendment) Act 1928
Read more about this topic: Court Of Disputed Returns (New South Wales)
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