In 1985, the Legislative Council consisted of 44 members. They were elected for 8-year terms from 22 two-member provinces. Half of the Council retired every four years, so each election elected one member in each province. The Nunawading Province consisted of the Victorian Legislative Assembly seats of Box Hill, Mitcham, Ringwood and Warrandyte. Lawrence Alexander McArthur was the continuing member for Nunawading Province.[1]
In the 1985 general election held on 2 March 1985, the vote ended with a dead heat after distribution of preferences from the Australian Democrats candidate.[1] The Labor candidate Bob Ives and the Liberal candidate Rosemary Varty received 54,821 votes each. The returning officer, Kathleen Leonard, was required by law to make a casting vote, which she did by drawing a name from a ballot box. The name drawn was Bob Ives and he was declared elected.[2] The Age described the result as "the most sensational electoral finish in memory". Electing Ives to the Legislative Council would give the ALP control of the house,[2] however the Court of Disputed Returns voided the result before he could take his seat.[3]
Varty disputed the result in the Court of Disputed Returns.[4] The court (Mr Justice Starke) found that there had been errors and omissions made by electoral officers, and these had not been found not to affect the result (i.e., they could have affected the outcome), and declared the election absolutely void on 25 July 1985.[5] Forty-four votes had been incorrectly excluded from the count.[1]
The court ordered a by-election[6] which was won convincingly by Liberal candidate Rosemary Varty.[7]