Court of Disputed Returns (Australia)
| Australian Court of Disputed Returns | |
|---|---|
 |
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| Jurisdiction | Australia |
| Location | Canberra, Australian Capital Territory |
| Coordinates | 35°17′56″S 149°08′08″E / 35.29889°S 149.13556°ECoordinates: 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 | Susan Kiefel |
| Since | 30 January 2017 |
The Court of Disputed Returns in Australia is a court within the Australian court hierarchy initially established pursuant to the Part XVI of the Commonwealth Electoral Act 1902, and now contained in part XXII of the Commonwealth Electoral Act 1918. The jurisdiction of the Court is exercised by the High Court of Australia, which can refer questions of fact to the Federal Court of Australia. The Court makes determinations on the validity of elections for representatives in the Parliament of Australia only.
Section 47 of the Constitution of Australia provides that:
At the constitutional conventions that led to federation, the intention was that election disputes would be determined by the courts, however the manner in which this was to be achieved was left to the new parliament. In 1902 the Parliament provided that the High Court would be the Court of Disputed Returns. Prior to 16 July 2001, the High Court could refer federal electoral disputes to the Supreme Court of a state.
A Court of Disputed Returns is a court, tribunal or some other body that determines disputes about elections in some common law countries, including the Australian colonies. The jurisdiction of the courts evolved in England as a part of the struggle between the English crown and parliaments, largely settled in 1868 when the House of Commons gave the courts of common law jurisdiction to determine disputed returns. The Australian colonies enacted legislation based on the Parliamentary Elections Act 1868 (UK).
There has been some debate as to whether the determination of disputed returns is consistent with the constitutional role of the High Court in exercising judicial power.
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