Latest news with #CourtofDisputedReturns
AU Financial Review
2 days ago
- Politics
- AU Financial Review
Is that 1 or 7? What the judge will have to decide in Bradfield
Liberal Gisele Kapterian's claim that she belongs in parliament rests on a challenge to 151 questionable ballots, which a judge will now have to decipher one pencil squiggle at a time. Kapterian has applied to the Court of Disputed Returns alleging the Australian Electoral Commission committed 'illegal practices' wrongly including or excluding these ballots in a bid to overturn her 26-vote defeat in a recount that stretched on for more than a month after the May 3 federal election.
The Age
3 days ago
- Politics
- The Age
‘I am a fighter': Kapterian reveals why she is challenging the Bradfield result
Liberal candidate for Bradfield Gisele Kapterian says she is not seeking a byelection in the once blue ribbon northern Sydney seat but instead wants a judge to rule on some 800 ballots that she believes could swing the May election result in her favour. Kapterian on Tuesday lodged a petition in the High Court, which sits as the Court of Disputed Returns, in a bid to have the Bradfield result overturned by a judge. Teal candidate Nicolette Boele won Bradfield in a recount, with just 26 votes separating the pair. Kapterian, who has a frontbench position on hold for her in Canberra, said she was expecting a 'short and sharp' hearing which would come at no cost to the taxpayers. Kapterian has indemnity from the Liberal Party in the event of a loss, but Boele is a respondent so will likely incur costs. 'The refs on the field have made a call, and we're going to the video umpire. That's all this is, it is a pure extension of the count,' Kapterian told the Herald in an exclusive interview. 'We're just hoping to make sure that we give a voice to as many of those voters in Bradfield as possible, just to make sure that the count actually reflects those voter intentions. 'I don't anticipate a byelection to be the result of this challenge, and we haven't asked for one.' While Kapterian has not seen the ballots in question, she said between the initial count and the recount about 170 votes that were originally assessed as formal were ruled informal. This was one of the key reasons prompting her to pursue a court challenge. Her legal team, Melbourne-based barristers Philip Crutchfield KC and Dean Luxton, will be provided with access to the ballots once they are lodged with the court.
Sydney Morning Herald
3 days ago
- Politics
- Sydney Morning Herald
‘I am a fighter': Kapterian reveals why she is challenging the Bradfield result
Liberal candidate for Bradfield Gisele Kapterian says she is not seeking a byelection in the once blue ribbon northern Sydney seat but instead wants a judge to rule on some 800 ballots that she believes could swing the May election result in her favour. Kapterian on Tuesday lodged a petition in the High Court, which sits as the Court of Disputed Returns, in a bid to have the Bradfield result overturned by a judge. Teal candidate Nicolette Boele won Bradfield in a recount, with just 26 votes separating the pair. Kapterian, who has a frontbench position on hold for her in Canberra, said she was expecting a 'short and sharp' hearing which would come at no cost to the taxpayers. Kapterian has indemnity from the Liberal Party in the event of a loss, but Boele is a respondent so will likely incur costs. 'The refs on the field have made a call, and we're going to the video umpire. That's all this is, it is a pure extension of the count,' Kapterian told the Herald in an exclusive interview. 'We're just hoping to make sure that we give a voice to as many of those voters in Bradfield as possible, just to make sure that the count actually reflects those voter intentions. 'I don't anticipate a byelection to be the result of this challenge, and we haven't asked for one.' While Kapterian has not seen the ballots in question, she said between the initial count and the recount about 170 votes that were originally assessed as formal were ruled informal. This was one of the key reasons prompting her to pursue a court challenge. Her legal team, Melbourne-based barristers Philip Crutchfield KC and Dean Luxton, will be provided with access to the ballots once they are lodged with the court.
Sky News AU
4 days ago
- Politics
- Sky News AU
Liberal Party launches legal bid in last minute effort to overturn narrow 26 vote Bradfield loss
Gisele Kapterian, the Liberal candidate for the once blue-ribbon seat of Bradfield on Sydney's Upper North Shore, will launch a legal case in a last-minute bid to challenge her close loss to Teal Independent Nicolette Boele in the federal election. Ms Boele in early June officially won the recount for the ultra-tight seat, defeating Ms Kapterian by just 26 votes. The nation's most marginal seat was previously called for each candidate at different points during the first count, with initial counting putting Ms Kapterian on 56,191 votes to Ms Boele's 56,183. After the recount, Ms Kapterian released a statement leaving the door open to a potential legal challenge of the results, saying she would 'carefully review the two counts". After months of speculation, Ms Kapterian announced on Monday night that she would appeal the election outcome in the once Liberal heartland seat. In a statement posted to Instagram on Monday, MS Kapterian said: 'After careful consideration of the two different results of the counts in Bradfield, we have taken the decision to go to the umpire.' 'Today's decision is taken to ensure the intentions of the votes of Bradfield were accurately reflected in the final count." Ms Kapterian reiterated the legal challenge was about ensuring the final outcome reflected the 'true wishes of voters' and outlined 'the original count resulted in an eight vote lead my way.' "While the second count resulted in a 26-vote lead for Ms Boele. Today's decision is taken to ensure the intentions of the voters of Bradfield are accurately reflected in the final count," she said. However, the Liberal candidate insisted she was not questioning the integrity of Australia's electoral processes and stated the additional scrutiny would give greater confidence to the wider system. "To be clear, there is no question regarding the integrity of our electoral system," she said. "In fact, this process has only served to reaffirm my faith in Australia's democratic institution. The challenge will be taken to the Court of Disputed Returns, with the Chief Justice of the High Court then nominating a High Court of Federal Court judge to adjudicate the case. "The legislation anticipates the need to look again at the ballot papers, given the highly subjective nature of decisions relating to interpreting voter intentions. In this instance, a final arbitrator does exactly what the AEC officials were doing throughout the count," Ms Kapterian's statement continued. She said the process would include interrogating a small number of ballot papers and determining whether a number is legible, such as 'whether a five is an eight'. 'We are requesting a targeted final examination of a small number of 'line-ball ballots' that were reserved and considered by the AEC officer during the counts,' she said. Senior Liberals are reportedly hoping that the judge presiding over the Court of Disputed Returns will rule several ballet papers invalid after examining them, consequently handing Ms Kapterian the seat. Top officials within the party are also fretting about the potential damage a public legal contest could do to the Liberal brand as it recovers from its thumping federal election defeat. If the result is overturned, the seat will go to a byelection, will recent polling showing Ms Boele holding a commanding lead over her Liberal counterpart. The NSW Liberal Party have agreed to compensate Ms Kapterian if her court bid is unsuccessful.
Sydney Morning Herald
4 days ago
- Politics
- Sydney Morning Herald
Liberals mount court challenge in last ditch bid to reclaim Bradfield
Liberal candidate for Bradfield Gisele Kapterian has ended weeks of speculation and will on Tuesday lodge an appeal against the election outcome in the once blueribbon north Sydney seat. Kapterian fell short in Bradfield by 26 votes to teal candidate Nicolette Boele in a recount, leaving Bradfield the most marginal seat in the country. Kapterian won the initial count by eight votes. Boele's win marked the first time in 75 years that the seat was not held by the Liberals, but despite the Australian Electoral Commission (AEC) declaring her the winner, Kapterian did not concede. NSW Liberal members pushed for party bosses to fund a court challenge and indemnify Kapterian in a bid to have her failed election result overturned, which could prompt a byelection. However, senior Liberals are pinning their hopes on the judge presiding over the Court of Disputed Returns examining several dozen ballots and ruling them invalid, and therefore declaring Kapterian the winner of the seat. A byelection, according to several senior Liberals not authorised to speak to the media, could be a huge risk for the party, especially if Labor does not run in Bradfield as expected.
