Court_of_Disputed_Returns_(New_South_Wales)
Court of Disputed Returns (New South Wales)
Special electoral jurisdiction of the Supreme Court of New South Wales, Australia
The Court of Disputed Returns in New South Wales is a court within the Australian court hierarchy established initially in 1928 pursuant to the Parliamentary Electorates and Elections Amendment Act,[1] and since 2017 pursuant to the Electoral Act 2017.[2] The jurisdiction of the Court is exercised by the Supreme Court of New South Wales and the Court considers petitions concerning the validity of any election or return under the Act.[3] The Court is concerned with elections held for the New South Wales Parliament and local government elections within the state.
The Court may also consider questions respecting the qualifications of a member of the Legislative Assembly or the Legislative Council, or respecting a vacancy in either, but only if that question was referred by either the Assembly or the Council. The Court may declare that any person was not qualified to be a member of parliament, declare that any person was not capable of sitting as a member of parliament, or to declare that there is a vacancy.[4]