Consequences of Disqualification as a Senator on Votes and Payments

[Updated on 6 April 2017, to address the High Court findings in Re Day [No. 2] (2017) as well as other changes in circumstances since the original post].

With the High Court finding that Rod Culleton and Bob Day were each ineligible to contest the 2016 Senate Election, and thus ineligible to be elected and sit in the Senate during the 45th Parliament, and with Day disqualified from sitting as a Senator for several months in the previous Parliament, a number of questions arise as to the consequences of this decisions for their votes while sitting in the Senate, and the recovery of any payments made to them. Continue reading “Consequences of Disqualification as a Senator on Votes and Payments”

Re Webster: Members of Parliament, Pecuniary Interests and Disqualification – A Background

At the heart of the High Court challenge to Bob Day’s qualification to contest the Double Dissolution election of 2016 lies the case of Senator James Webster in 1975. Contentious at the time in the midst of wider political controversy, and thought potentially capable of opening up to scrutiny all manner of contractual arrangements, including residential leases, held between MPs and the Commonwealth, the relevant clause was narrowly interpreted by a single judge of the High Court and benefit of the legal doubt given to the Senator.

Since then, it has been the subject of criticism, and may well be overturned in the course of current proceedings. In its submissions in the current case, the Commonwealth has argued that, while Bob Day would fall foul even if the case were applied, Re Webster was too narrowly decided. Herewith the background to the original case, and its aftermath. Continue reading “Re Webster: Members of Parliament, Pecuniary Interests and Disqualification – A Background”