High court to hear senate voting challenge 20160324 p5u6jp.html – Breaking News & Latest Updates 2026
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Senator's voting laws challenge continues

AAP

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Family First senator Bob Day's challenge to recently passed Senate voting changes will return to the High Court in April to determine if it will go to a full hearing.

Commonwealth solicitor-general Justin Gleeson described some of Senator Day's legal team's submissions as a "solemn farce" during a brief directions hearing in Sydney via video link from Perth on Thursday.

Under the changes, which were cleared by federal parliament last week following a marathon 40-hour debate, voters will be encouraged to allocate their preferences by numbering at least six boxes above the line on a Senate ballot paper. Below the line they need to number only 12 boxes.

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Senator Day and other crossbenchers have said this will prevent minor parties and independents from being elected, ignoring the will of the three million voters who voted for them at the last federal election.

The federal government has insisted the changes are constitutionally sound and will withstand any challenge.

Speaking after the brief hearing, Senator Day told reporters he was glad the court was considering hearing the matter before a full bench.

"I can't praise the chief justice enough for giving me such a speedy hearing," he said in Sydney.

"Last week, the Liberals and Nick Xenophon and the Greens rammed through legislation which took away voters' rights and I'm here in the High Court and I'm absolutely delighted with the result today."

During Thursday's submissions Mr Gleeson told the court Senator Day was effectively arguing all senate elections held since 1984 were invalid.

Senator Day said his challenge relates only to the changes brought about last week.

"They were putting words in my mouth or misinterpreting what my argument was," he told reporters.

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Chief justice Robert French set the matter down for a further directions hearing in Canberra on April 15.

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