When is the deadline for petition to the court of disputed returns disputing an election or return?
The catalogue records a 40 days period from the return of the writ for the election (or, where the polling day is shared, the last of the relevant writs to be returned; or, for a s 15 Senate casual vacancy, notification of the choice or appointment). This draft page remains free only until its source, worked example and limits are reviewed.
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- Period
- 40 days
- Trigger
- the return of the writ for the election (or, where the polling day is shared, the last of the relevant writs to be returned; or, for a s 15 Senate casual vacancy, notification of the choice or appointment)
- Counting
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- NONE. There is no power to extend this period. Section 358(1) provides that no proceedings shall be had on the petition unless the requirements of ss 355, 356 and 357 are complied with. The only relieving power is in s 358(2), and it is confined to relief from compliance with para 355(aa), the requirement to set out the facts with sufficient particularity; it does not reach the para 355(e) filing period. The general enlargement power in High Court Rules 2004 (Cth) r 4.02 does not assist because it is confined to periods fixed by or under the Rules, and this period is fixed by the Act. TREAT AS ABSOLUTELY NON-EXTENDABLE.
- NON-EXTENDABLE STATUTORY PERIOD. This is the single hardest deadline in this catalogue and the one most likely to destroy a client's rights. The High Court is the Court of Disputed Returns (Commonwealth Electoral Act 1918 (Cth) s 354(1)), and may try the petition itself or refer it, wholly or as to questions of fact, to the Federal Court (ss 354(1) to (4)). COMPUTATION SOURCE DIFFERS: because this period is fixed by an Act rather than by the High Court Rules, High Court Rules 2004 (Cth) r 4.01 does not apply. Time is computed under Acts Interpretation Act 1901 (Cth) s 36: a period expressed to begin after a specified day does not include that day (s 36(1) table item 6), and if the last day is a Saturday, Sunday or holiday the thing may be done on the next day that is not a Saturday, Sunday or holiday (s 36(2)), 'holiday' including a day on which the particular office at which the thing is to be done is closed for the whole day (s 36(3)(b)). The 5 day short-period rule in r 4.01.4 and the 4.00 pm cut-off in r 4.01.6 do not govern this period. Two further mandatory requirements attach at filing and are equally within s 358(1): the petition must be attested by 2 witnesses whose occupations and addresses are stated (s 355(d)) and signed by a candidate or a person qualified to vote (s 355(c)); and a $500 deposit as security for costs must be lodged with the Chief Executive and Principal Registrar, the Senior Registrar or a Deputy Registrar WHEN FILING the petition (s 356). Paragraphs 355(c) and (d) do not apply to a petition filed by the Australian Electoral Commission (s 357(2)). Verified against Commonwealth Electoral Act 1918 (Cth) ss 353 to 360 as in force 1 July 2026: the 40 day period, the three anchors, the $500 deposit payable to the Chief Executive and Principal Registrar, the Senior Registrar or a Deputy Registrar when filing (s 356), the disapplication of paras 355(c) and (d) to an Electoral Commission petition (s 357(2)), and the fact that the only relieving power in s 358(2) reaches para 355(aa) alone, are all confirmed as stated.