A week ago, the High Court published notices on its webpage that it will sit as the Court of Disputed Returns in relation to Senators Bob Day and Rob Culleton. The notices state:

Any person who desires to place any evidence before or make any submission to the Court should apply to the Court by email addressed to Senate.Reference.[Day/Culleton]@hcourt.gov.au by 12:00noon (AEDT) on Thursday 17 November 2016 setting out the reasons why they should be granted leave to appear before the Court. The Court may determine such application on the papers or invite the person to appear and make oral submissions to the Court in Canberra (or by video-link if required) at 11:30am (AEDT) on Monday 21 November 2016.

The apparent purpose of this hearing is to determine who will be a party to the Senate’s reference of these matters, in accordance with s378 of the Commonwealth Electoral Act:

The Court of Disputed Returns may allow any person who in the opinion of the Court is interested in the determination of any question referred to it under this Part to be heard on the hearing of the reference, or may direct notice of the reference to be served on any person, and any person so allowed to be heard or so directed to be served shall be deemed to be a party to the reference.

However, The Guardian reports that Senator Culleton will not attend, physically at least:

On Wednesday Culleton told Guardian Australia he did not intend to appear, nor to send a legal representative, but he would represent himself “in spirit” at the directions hearing.

Presumably, though, the Court of Disputed Returns will ‘direct notice of the reference to be served on’ Senator Culleton, who will then be deemed to be a party.

Senator Culleton lists several reasons for not attending on Monday. Continue reading →