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The Election Rules of 1904

SR 1904 No. 49 Rules/Court & Tribunal Rules as made
Principal Rules
Gazetted 27 Aug 1904
Date of repeal 21 Apr 1980
Repealed by Repeal of the enabling legislation by High Court of Australia Act 1979

STATUTORY RULES.

1904. No. 49.

 

IN THE HIGH COURT OF AUSTRALIA.

 

RULES OF COURT.

 

As of Monday, the 22nd day of August, a.d. 1904.

It is ordered as follows:—

Short title

1.  These Rules may be cited as “The Election Rules of 1904.”

Application of General Rules of Court.

2.  The Rules of Court contained in Part I. of the Schedule to the High Court Procedure Act 1903, and the Rules of Court as of Tuesday, the sixth day of October, a.d. 1903, relating to Fees and Percentages, and all amendments thereof and additions thereto respectively, shall, so far as the same are applicable, and are not inconsistent with these Rules, extend and apply to proceedings in the High Court in the exercise of its jurisdiction as the Court of Disputed Returns.

A petition disputing an election or return shall be deemed to be an originating proceeding within the meaning of the first-mentioned Rules.

Title of Petition.

3.  The petition shall be entitled in the manner prescribed in Rule 2 of Order I, and shall also be entitled “In the matter of the Election” in question, describing it as an election of members of the Senate for the State in which the election was held, or as an election of a member of the House of Representatives for the Electoral Division in question, or as the case may be.

It shall be divided into paragraphs in the same manner as a Statement of Claim.

Publication.

4.  The Registrar shall forthwith after the presentation of a petition publish a copy thereof in the Commonwealth Gazette and in the official Gazette of the State in which the election was held.

In the case of an election of a member of the House of Representatives he shall also forthwith publish in some newspaper circulating in the Electoral Division for which the election was held a notice setting forth the fact of the presentation of the petition, the date of presentation, the name of the petitioner, the nature of the relief claimed, and, as concisely as may he, the grounds on which the election is disputed.

Service of Petition.

5.  The petitioner shall within thirty days after the presentation of the petition, or within such further time as a Justice may allow, cause an office copy of the petition to be served upon every person whose election or return is disputed by the petition.

Service upon a person returned as elected may be made either personally or by post by prepaid registered letter addressed to him at his address as stated in his nomination paper.

C.7728.—Price 3d.


 

Service at an Address for Service.

6.  Any person who has been returned as a member may send to the Registrar at the Registry in the State in which the election was held a writing signed by him giving an address not more than one mile from the Registry at which a petition may be served upon him, and may by the same or another like writing appoint some person entitled to practise in the High Court as a solicitor to act as his agent in respect of any such petition.

When such writing has been sent to the Registrar, service of a petition upon the person by whom it was sent may be made by leaving the office copy of the petition with some person at the address specified in the writing.

Appearances.

7.  Any person returned as a member whoso election or return is disputed by a petition may within fourteen days after service of the petition upon him, and any person who voted or had a right to vote at the election to which the petition relates, may within fourteen days after the publication of the petition in the official Gazette of the State in which the election was held, enter an appearance to the petition. Every person so entering an appearance shall be deemed to be a party to the proceedings upon the petition.

Particulars of Votes objected to.

8.  When the petition, not being a petition merely claiming a fresh count of the votes actually counted at the election, claims the seat for a person who has not been returned as a member, alleging that such person had a majority of valid votes, each of the parties shall, six days before the day appointed for the trial of the petition, deliver to the Registrar and to the opposite party at his address for service a list of the ballot-papers or classes of ballot-papers intended to be claimed or objected to, specifying, in the case of ballot-papers objected to, the grounds of objection on which he intends to rely; and no objection shall be entertained against the validity of any ballot-paper upon any ground not specified in the lists so delivered, except by leave of the Court or a Justice and upon such terms as to amendment of the list, adjournment of the trial, and payment of costs, as the Court or Justice may order.

Countercharges.

9.  When a petition claims a seat for a person who has not been returned as a member, and a party respondent desires to set up that the person for whom the seat is claimed was not duly elected, upon some ground other than those mentioned in the last preceding Rule, he shall within six days after entering his appearance, or within such further time as the Court or a Justice may allow, deliver to the Registrar and to the petitioner at his address for service a statement of the grounds on which he intends to rely. The statement shall set forth the grounds in the same manner in which facts relied on to invalidate an election or return are required to be set forth in a petition.

Particulars in general.

10.   The Court or a Justice may order any party to the proceedings upon a petition to deliver to any other party particulars, or further and better particulars, of any matter alleged by such party.

Trial.

11.   The trial of the petition shall be held at a time and place to he appointed by the order of a Justice on the application of some party to the petition. Ten days’ notice of trial shall be given by the party obtaining the order to the other parties to the petition, and shall be advertised by the Registrar in some paper or papers circulating in the State or Electoral Division for which the election was held.


 

An order appointing the time and place of trial may be varied from time to time.

Withdrawal of Petition.

12.   A petition may be withdrawn by leave of the Court or a Justice upon such terms as the Court or Justice may think fit.

Substitution of another Petitioner.

Ten days’ notice of the intention to apply for leave shall ho given by advertisement in some newspaper or newspapers circulating in the State or Electoral Division for which the election was held, and at the hearing of the application the Court or Justice may allow any other person who was competent to present a petition on the like grounds to be substituted for the petitioner. The proceedings upon the petition shall thereupon he continued as if the person so substituted had been the original petitioner.

Abatement by death of Petitioner.

13.    When a solo petitioner dies before the trial of the petition, the Court or a Justice may allow some other person who was competent to present a petition on the same grounds to be substituted as petitioner. The proceedings upon the petition shall thereupon be continued as if the person so substituted had been the original petitioner.

C1904L00049.jpg

S. W. GRIFFITH, C.J.

EDMUND BARTON, J.

R. E. O’CONNOR, J.

J. W. O’HALLORAN, Deputy Registrar.

 

 

By Authority: Robt. S. Brain, Government Printer, Melbourne.