Re Culleton

HIGH COURT OF AUSTRALIAKIEFEL CJIN THE MATTER OF QUESTIONS REFERRED TO THE COURT OF DISPUTED RETURNS PURSUANT TO SECTION 376 OF THE COMMONWEALTH ELECTORAL ACT 1918 (CTH) CONCERNING SENATOR RODNEY NORMAN CULLETONRe Culleton[2018] HCA 3310 August 2018C15/2016ORDER1.The summons filed on 4 July 2018 is dismissed.2.Mr Culleton pay the Attorney-General of the Commonwealth's costs of and incidental to the summons.3.The costs of the summons be excluded from the order made by the Court on 3 February 2017 that Mr Culleton's costs of the proceeding be paid by the Commonwealth.RepresentationD M J Bennett QC with P W Lithgow appearing on behalf of Mr Rodney Norman Culleton (instructed by Maitland Lawyers)B K Lim appearing on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor) Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSRe CulletonParliamentary elections (Cth) – Senate – Court of Disputed Returns – Application to reopen perfected orders of Court declaring applicant was incapable of being chosen as a Senator – Where applicant alleges Senate was inquorate when Senate resolved to refer applicant to Court of Disputed Returns – Where arguments were available on original reference – Whether preconditions for reopening have been met.Words and phrases – "reopen".Parliamentary Privileges Act 1987 (Cth), s 16(3).KIEFEL CJ. On 7 December 2016 a Full Court of this Court, sitting as the Court of Disputed Returns, heard a reference from the Senate concerning Senator Rodney Culleton. The Court was advised...