Today the High Court, sitting as the Court of Disputed Returns, unanimously held that former Senator Bob Day was not validly elected to the Senate in July last year. This is the outcome the Government sought from the Court.

This decision confirms the Government took the appropriate action last year by proactively asking the Senate to refer the matter to the High Court. 

The vacancy in the Senate will be filled by a recount of the ballot papers from the last election. The matter will return to the Court in the next few days so that specific orders can be given to allow the Australian Electoral Commission to conduct the recount. A new Senator will be sworn in when the Senate next meets on 9 May 2017.