Latest news with #CourtofDisputedReturns
Sydney Morning Herald
4 days ago
- Politics
- Sydney Morning Herald
Every voter's squiggle counts: why Bradfield court battle could drag on for months
The Bradfield election count saw more reversals of fortune than Succession. First the independent Nicolette Boele was acclaimed the likely winner on election night. Then the Liberal Gisele Kapterian won the count by eight votes, only to see this snatched away in a recount with Boele winning by 26 votes. Now Kapterian is challenging the outcome in the Court of Disputed Returns. Does this mean the beleaguered burghers of Bradfield will be heading back to the polls? The Court of Disputed Returns has the power to declare that any election is absolutely void, or that a person who was returned as elected was not duly elected and that any other candidate is elected. But other than cases of disqualification or corrupt conduct by a candidate, the court can only alter the outcome of an election or declare it void if any error or illegal practice in the conduct of the election was likely to have affected its outcome and 'it is just' to do so. The law requires that 'real justice' be observed, with the court to be 'guided by the substantial merits and good conscience of each case without regard to legal forms or technicalities'. Kapterian's challenge is about whether particular ballot papers were mistakenly classified as formal or informal, affecting the outcome of the result. Was a 5 really an 8, and was that squiggle actually a 7? If a successful claim were made that the outcome could not be known because ballots had gone missing or electors were wrongfully denied the ability to vote, a fresh election would be required. But in this case, as the court can determine the formality of each vote, it is more likely it would either confirm Boele's election or declare Kapterian the winner. A fresh election is unlikely, unless the margin is so close that the outcome cannot be fairly determined, or is affected by other factors, such as multiple voting. Loading How long will it take? The Commonwealth Electoral Act contains a section optimistically headed 'Court must make its decision quickly'. But the substance says the court must make its decision 'as quickly as reasonable in the circumstances'. This will depend on a number of factors. First, there is the question of who constitutes the Court of Disputed Returns. Ordinarily, it is the High Court. But on Friday, the Chief Justice of the High Court, Stephen Gageler, sent it off to the Federal Court to determine. As Kapterian's challenge mostly involves assessments of fact, rather than high legal principle, it is appropriate that it be dealt with by a lower court. Second, timing will depend on how many ballots need to be reviewed and the time given for the parties to examine them and prepare their arguments.
The Age
4 days ago
- Politics
- The Age
Every voter's squiggle counts: why Bradfield court battle could drag on for months
The Bradfield election count saw more reversals of fortune than Succession. First the independent Nicolette Boele was acclaimed the likely winner on election night. Then the Liberal Gisele Kapterian won the count by eight votes, only to see this snatched away in a recount with Boele winning by 26 votes. Now Kapterian is challenging the outcome in the Court of Disputed Returns. Does this mean the beleaguered burghers of Bradfield will be heading back to the polls? The Court of Disputed Returns has the power to declare that any election is absolutely void, or that a person who was returned as elected was not duly elected and that any other candidate is elected. But other than cases of disqualification or corrupt conduct by a candidate, the court can only alter the outcome of an election or declare it void if any error or illegal practice in the conduct of the election was likely to have affected its outcome and 'it is just' to do so. The law requires that 'real justice' be observed, with the court to be 'guided by the substantial merits and good conscience of each case without regard to legal forms or technicalities'. Kapterian's challenge is about whether particular ballot papers were mistakenly classified as formal or informal, affecting the outcome of the result. Was a 5 really an 8, and was that squiggle actually a 7? If a successful claim were made that the outcome could not be known because ballots had gone missing or electors were wrongfully denied the ability to vote, a fresh election would be required. But in this case, as the court can determine the formality of each vote, it is more likely it would either confirm Boele's election or declare Kapterian the winner. A fresh election is unlikely, unless the margin is so close that the outcome cannot be fairly determined, or is affected by other factors, such as multiple voting. Loading How long will it take? The Commonwealth Electoral Act contains a section optimistically headed 'Court must make its decision quickly'. But the substance says the court must make its decision 'as quickly as reasonable in the circumstances'. This will depend on a number of factors. First, there is the question of who constitutes the Court of Disputed Returns. Ordinarily, it is the High Court. But on Friday, the Chief Justice of the High Court, Stephen Gageler, sent it off to the Federal Court to determine. As Kapterian's challenge mostly involves assessments of fact, rather than high legal principle, it is appropriate that it be dealt with by a lower court. Second, timing will depend on how many ballots need to be reviewed and the time given for the parties to examine them and prepare their arguments.
AU Financial Review
16-07-2025
- Politics
- AU Financial Review
Is that 1 or 7? What the judge will have to decide in Bradfield
Liberal Gisele Kapterian's claim that she belongs in parliament rests on a challenge to 151 questionable ballots, which a judge will now have to decipher one pencil squiggle at a time. Kapterian has applied to the Court of Disputed Returns alleging the Australian Electoral Commission committed 'illegal practices' wrongly including or excluding these ballots in a bid to overturn her 26-vote defeat in a recount that stretched on for more than a month after the May 3 federal election.
The Age
15-07-2025
- Politics
- The Age
‘I am a fighter': Kapterian reveals why she is challenging the Bradfield result
Liberal candidate for Bradfield Gisele Kapterian says she is not seeking a byelection in the once blue ribbon northern Sydney seat but instead wants a judge to rule on some 800 ballots that she believes could swing the May election result in her favour. Kapterian on Tuesday lodged a petition in the High Court, which sits as the Court of Disputed Returns, in a bid to have the Bradfield result overturned by a judge. Teal candidate Nicolette Boele won Bradfield in a recount, with just 26 votes separating the pair. Kapterian, who has a frontbench position on hold for her in Canberra, said she was expecting a 'short and sharp' hearing which would come at no cost to the taxpayers. Kapterian has indemnity from the Liberal Party in the event of a loss, but Boele is a respondent so will likely incur costs. 'The refs on the field have made a call, and we're going to the video umpire. That's all this is, it is a pure extension of the count,' Kapterian told the Herald in an exclusive interview. 'We're just hoping to make sure that we give a voice to as many of those voters in Bradfield as possible, just to make sure that the count actually reflects those voter intentions. 'I don't anticipate a byelection to be the result of this challenge, and we haven't asked for one.' While Kapterian has not seen the ballots in question, she said between the initial count and the recount about 170 votes that were originally assessed as formal were ruled informal. This was one of the key reasons prompting her to pursue a court challenge. Her legal team, Melbourne-based barristers Philip Crutchfield KC and Dean Luxton, will be provided with access to the ballots once they are lodged with the court.
Sydney Morning Herald
15-07-2025
- Politics
- Sydney Morning Herald
‘I am a fighter': Kapterian reveals why she is challenging the Bradfield result
Liberal candidate for Bradfield Gisele Kapterian says she is not seeking a byelection in the once blue ribbon northern Sydney seat but instead wants a judge to rule on some 800 ballots that she believes could swing the May election result in her favour. Kapterian on Tuesday lodged a petition in the High Court, which sits as the Court of Disputed Returns, in a bid to have the Bradfield result overturned by a judge. Teal candidate Nicolette Boele won Bradfield in a recount, with just 26 votes separating the pair. Kapterian, who has a frontbench position on hold for her in Canberra, said she was expecting a 'short and sharp' hearing which would come at no cost to the taxpayers. Kapterian has indemnity from the Liberal Party in the event of a loss, but Boele is a respondent so will likely incur costs. 'The refs on the field have made a call, and we're going to the video umpire. That's all this is, it is a pure extension of the count,' Kapterian told the Herald in an exclusive interview. 'We're just hoping to make sure that we give a voice to as many of those voters in Bradfield as possible, just to make sure that the count actually reflects those voter intentions. 'I don't anticipate a byelection to be the result of this challenge, and we haven't asked for one.' While Kapterian has not seen the ballots in question, she said between the initial count and the recount about 170 votes that were originally assessed as formal were ruled informal. This was one of the key reasons prompting her to pursue a court challenge. Her legal team, Melbourne-based barristers Philip Crutchfield KC and Dean Luxton, will be provided with access to the ballots once they are lodged with the court.
