Court of Disputed Returns (Australia)

Court of Disputed Returns
Map
35°17′56″S 149°08′08″E / 35.29889°S 149.13556°E / -35.29889; 149.13556
JurisdictionAustralia
LocationCanberra, Australian Capital Territory
Coordinates35°17′56″S 149°08′08″E / 35.29889°S 149.13556°E / -35.29889; 149.13556
Composition methodVice-regal appointment upon Prime Ministerial nomination, following advice of Attorney-General and Cabinet
Authorized byParliament of Australia via the Commonwealth Electoral Act 1918 (Cth)
Judge term lengthUntil age of 70 years
Chief Justice of Australia
CurrentlyStephen Gageler
Since6 November 2023 (2023-11-06)

The Court of Disputed Returns is a special jurisdiction of the High Court of Australia. The High Court, sitting as the Court of Disputed Returns, hears challenges regarding the validity of federal elections. The jurisdiction is twofold: (1) on a petition to the Court by an individual with a relevant interest or by the Australian Electoral Commission, or (2) on a reference by either house of the Commonwealth Parliament. This jurisdiction was initially established by Part XVI of the Commonwealth Electoral Act 1902[1] and is now contained in Part XXII of the Commonwealth Electoral Act 1918.[2] Challenges regarding the validity of state elections are heard by the supreme court of that state, sitting as that state's court of disputed returns.

  1. ^ Cite error: The named reference Electoral Act 1902 was invoked but never defined (see the help page).
  2. ^ Commonwealth Electoral Act 1918 (Cth)

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