Notice of election petition (Form 72)

The High Court can refer a petition disputing a federal election or return, or part of a petition, to the Federal Court; rule 32.11 refers to referrals under section 354(1) and (3) of the Commonwealth Electoral Act 1918. Division 32.2 of the Federal Court Rules 2011 governs what follows. The applicant files the referral order in the District Registry specified in it or, if none is specified, in the District Registry for the State or Territory concerned with the Senate election or the member's electoral division (r 32.11). A Registrar allots a number and attaches a notice in accordance with Form 72, which fixes the return date and place and requires a notice of address for service unless one was entered in the High Court. The applicant then serves the sealed order and notice on each party to the High Court proceeding (r 32.12).

When you need it

• The High Court has referred an election petition, or part of a petition, to the Federal Court.
• You are the petitioner (applicant) and need to file the referral order and serve it with the Form 72 notice.
• You are a respondent or other party served with the order and notice.

1. 1

   Know who completes it

   The Registry completes Form 72 and an officer acting with the authority of the District Registrar signs it. The applicant files the High Court order.

2. 2

   Heading

   The notice carries the Federal Court heading and the words "Referred from the High Court of Australia", with a schedule listing additional parties where needed.

3. 3

   Petition or part

   The notice records whether the whole petition or part of it has been referred, by the accompanying High Court order.

4. 4

   Hearing details

   The Registry inserts the time, date and place of the hearing.

• The applicant files the referral order in the correct District Registry (r 32.11).
• The applicant serves a sealed copy of the order with the Form 72 notice on each party to the High Court proceeding, and may serve at the party's High Court address for service (r 32.12).
• A party without a High Court address for service must file a notice of address for service within 7 days of being served (r 32.13).
• At least 14 days before the trial, the applicant must advertise the time, date and place of the trial in a newspaper circulating in the State, Territory or electoral division concerned (r 32.16).

• If the petition claims the seat for an unreturned candidate on the basis of a majority of valid votes, each party must file a list of ballot-papers claimed or objected to at least 7 days before the trial (r 32.14).
• A respondent who wants to contend that the candidate claimed by the petition was not duly elected must file a statement of grounds within the time in rule 32.15.
• Election petitions move quickly. Diary every date in the notice and in rules 32.13 to 32.16 as soon as you are served.