Court of Disputed Returns | |
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35°17′56″S 149°08′08″E / 35.29889°S 149.13556°E | |
Jurisdiction | Australia |
Location | Canberra, Australian Capital Territory |
Coordinates | 35°17′56″S 149°08′08″E / 35.29889°S 149.13556°E |
Composition method | Vice-regal appointment upon Prime Ministerial nomination, following advice of Attorney-General and Cabinet |
Authorized by | Parliament of Australia via the Commonwealth Electoral Act 1918 (Cth) |
Judge term length | Until age of 70 years |
Chief Justice of Australia | |
Currently | Stephen Gageler |
Since | 6 November 2023 |
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.
Electoral Act 1902
was invoked but never defined (see the help page).