3.
Answer
No further order is required.
Question (d)
What, if any, orders should be made as to the costs of these proceedings?
Answer
No further order is required.
Matter No C12/2017
The questions referred to the Court of Disputed Returns by the President of the Senate in his letter dated 9 August 2017 be answered as follows:
Question (a)
Whether by reason of s 44(i) of the Constitution there is a vacancy in the representation of Western Australia in the Senate for the place for which Senator Ludlam was returned?
Answer
There is a vacancy by reason of s 44(i) of the Constitution in the representation of Western Australia in the Senate for the place for which Mr Scott Ludlam was returned.
Question (b)
If the answer to Question (a) is "yes", by what means and in what manner that vacancy should be filled?
Answer
The vacancy should be filled by a special count of the ballot papers. Any directions necessary to give effect to the conduct of the special count should be made by a single Justice.
