Liberal Party launches legal bid in last minute effort to overturn narrow 26 vote Bradfield loss
Ms Boele in early June officially won the recount for the ultra-tight seat, defeating Ms Kapterian by just 26 votes.
The nation's most marginal seat was previously called for each candidate at different points during the first count, with initial counting putting Ms Kapterian on 56,191 votes to Ms Boele's 56,183.
After the recount, Ms Kapterian released a statement leaving the door open to a potential legal challenge of the results, saying she would 'carefully review the two counts".
After months of speculation, Ms Kapterian announced on Monday night that she would appeal the election outcome in the once Liberal heartland seat.
In a statement posted to Instagram on Monday, MS Kapterian said: 'After careful consideration of the two different results of the counts in Bradfield, we have taken the decision to go to the umpire.'
'Today's decision is taken to ensure the intentions of the votes of Bradfield were accurately reflected in the final count."
Ms Kapterian reiterated the legal challenge was about ensuring the final outcome reflected the 'true wishes of voters' and outlined 'the original count resulted in an eight vote lead my way.'
"While the second count resulted in a 26-vote lead for Ms Boele. Today's decision is taken to ensure the intentions of the voters of Bradfield are accurately reflected in the final count," she said.
However, the Liberal candidate insisted she was not questioning the integrity of Australia's electoral processes and stated the additional scrutiny would give greater confidence to the wider system.
"To be clear, there is no question regarding the integrity of our electoral system," she said.
"In fact, this process has only served to reaffirm my faith in Australia's democratic institution.
The challenge will be taken to the Court of Disputed Returns, with the Chief Justice of the High Court then nominating a High Court of Federal Court judge to adjudicate the case.
"The legislation anticipates the need to look again at the ballot papers, given the highly subjective nature of decisions relating to interpreting voter intentions. In this instance, a final arbitrator does exactly what the AEC officials were doing throughout the count," Ms Kapterian's statement continued.
She said the process would include interrogating a small number of ballot papers and determining whether a number is legible, such as 'whether a five is an eight'.
'We are requesting a targeted final examination of a small number of 'line-ball ballots' that were reserved and considered by the AEC officer during the counts,' she said.
Senior Liberals are reportedly hoping that the judge presiding over the Court of Disputed Returns will rule several ballet papers invalid after examining them, consequently handing Ms Kapterian the seat.
Top officials within the party are also fretting about the potential damage a public legal contest could do to the Liberal brand as it recovers from its thumping federal election defeat.
If the result is overturned, the seat will go to a byelection, will recent polling showing Ms Boele holding a commanding lead over her Liberal counterpart.
The NSW Liberal Party have agreed to compensate Ms Kapterian if her court bid is unsuccessful.
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