Re Day (No 2)

HIGH COURT OF AUSTRALIAKIEFEL CJ,BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJIN THE MATTER OF QUESTIONS REFERRED TO THE COURT OF DISPUTED RETURNS PURSUANT TO SECTION 376 OF THE COMMONWEALTH ELECTORAL ACT 1918 (CTH) CONCERNING MR ROBERT JOHN DAY AORe Day [No 2][2017] HCA 145 April 2017C14/2016ORDERThe questions referred to the Court of Disputed Returns by the President of the Senate in his letter dated 8 November 2016, as amended by orders made by French CJ on 21 November 2016, be answered as follows:Question (a)Whether, by reason of s 44(v) of the Constitution, there is a vacancy in the representation of South Australia in the Senate for the place for which Robert John Day AO was returned?AnswerYes, there is a vacancy in the representation of South Australia in the Senate for the place for which Robert John Day AO was returned, by reason of s 44(v) of the Constitution. Question (b)If the answer to Question (a) is "yes", by what means and in what manner that vacancy should be filled?AnswerThe vacancy should be filled by applying the provisions of s 273(27) of the Commonwealth Electoral Act 1918 (Cth) by analogy by filling the vacancy by a special count of the ballot papers. Question (c)Whether, by reason of s 44(v) of the Constitution, Mr Day was at any time incapable of sitting as a senator prior to the dissolution of the 44th Parliament and, if so, on what date he became so incapable?AnswerMr Day was incapable of sitting as a senator,...