{"id":"electoral-rules-1908","name":"Electoral Rules 1908","slug":"electoral-rules-1908","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174639,"registerId":"wa-electoral-rules-1908-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Electoral Rules 1908","content":"![Crest]()Western Australia\n\nThe Electoral Act 1907\n\nElectoral Rules 1908\n\nWestern Australia\n\nElectoral Rules 1908\n\nContents\n\n1. Short title 1\n\n2. Title of petition 1\n\n3. Filing 1\n\n4. Publication 2\n\n5. Service of petition 2\n\n6. Service at an address for service 2\n\n7. Particulars 3\n\n8. Counter charges 4\n\n9. Interlocutory questions 4\n\n10. Respondent may give notice that he does not oppose petition 4\n\n11. Trial 5\n\n12. Withdrawal of petition 5\n\n13. Abatement by death of petitioner 6\n\n14. Substitution of parties 6\n\n15. Forms and fees 6\n\n16. Application of General Rules of Court 6\n\nSchedule 1 — Forms\n\nSchedule 2 — Fees\n\nNotes\n\nCompilation table 12\n\nOther notes 12\n\n  \n\nThe Electoral Act 1907\n\nElectoral Rules 1908\n\n##### 1. Short title\n\nThese rules may be cited as the *Electoral Rules 1908*.\n\n[Rule 1 amended: Gazette 3 Jul 2009 p. 2681.]\n\n##### 2. Title of petition\n\nA petition under Part V of the *Electoral Act 1907* shall be entitled “*Electoral Act 1907*. In the Court of Disputed Returns.” and shall also be entitled “In the matter of the Election” in question, describing it as an election of a member of the Legislative Council, or as an election of a member of the Legislative Assembly for the District in question, or as the case may be.\n\nIt shall be divided into paragraphs, each of which, as nearly as may be, shall be confined to a distinct portion of the subject, and each paragraph shall be numbered consecutively.\n\nIt shall conclude with a prayer, as for instance that a candidate who was not returned as elected to be declared duly elected, or that the election may be declared absolutely void.\n\nIt may be in the form set out in Schedule 1, or to the like effect.\n\n[Rule 2 amended: Gazette 3 Jul 2009 p. 2681; SL 2022/201 r. 4.]\n\n##### 3. Filing\n\nThe petition shall be filed in the Central Office of the Supreme Court, and the petitioner shall lodge with the petition a copy thereof, and a form of notice thereof for publication as hereinafter provided, and shall deposit with a Court officer in addition to the sum of $100 as security for costs a sum sufficient to defray the cost of publication of the petition and notice thereof.\n\n[Rule 3 amended: Act No. 113 of 1965 s. 8(1); SL 2022/201 r. 5.]\n\n##### 4. Publication\n\nA Court officer shall forthwith, after the filing of a petition, publish a copy thereof in the *Government Gazette*, and shall also forthwith publish in a newspaper circulating generally in the State, or in the district for which the election was held, as the case requires, a notice setting forth the fact of the presentation of the petition, the date of presentation, the name of the petitioner, the nature of the relief claimed, and, as concisely as may be, the grounds on which the election is disputed.\n\n[Rule 4 amended: SL 2022/201 r. 6.]\n\n##### 5. Service of petition\n\nThe petitioner shall, within 14 days of the filing of the petition, or within such further time as a Judge may allow, cause a sealed copy of the petition to be served upon the person whose election or return is disputed by the petition.\n\nService upon a person returned as elected may be made either personally or by post by prepaid registered letter, addressed to him at his address, as stated in his nomination paper.\n\n[Rule 5 amended: SL 2022/201 r. 7.]\n\n##### 6. Service at an address for service\n\nAny person who has been returned as a member may send to the Central Office of the Supreme Court a writing signed by him giving an address at which a petition may be served upon him, and may by the same or another like writing appoint some person entitled to practise in the Supreme Court as a legal practitioner to act as his solicitor in respect of such petition.\n\nWhen such writing has been sent to the Central Office, service of a petition upon the person by whom it was sent may be made by leaving the sealed copy of the petition with some person at the address specified in the writing.\n\n[Rule 6 amended: SL 2022/201 r. 8.]\n\n##### 7. Particulars\n\n(a) The Court or a Judge may order any party to the proceedings upon a petition to deliver to any other party particulars, or further and better particulars, of any matter alleged by such party.\n\n(b) When the petition, not being a petition merely claiming a fresh count of the votes actually counted at the election, claims the seat for a person who has not been returned as a member, alleging that such person had a majority of valid votes cast at the election, each of the parties shall, within 7 days after service of the petition, or within such further time as a Judge may allow, deliver to the Court and to the opposite party a list of the ballot‑papers or classes of ballot‑papers intended to be claimed or objected to, specifying in the case of ballot‑papers claimed the grounds on which the claim is based, and in the case of ballot‑papers objected to the grounds of objection on which he intends to rely; and no claim or objection shall be entertained in favour of or against the validity of any ballot‑paper upon any ground not specified in the lists so delivered, except by leave of the Court or a Judge, and upon such terms as to amendment of the list, adjournment of the trial, and payments of costs, as the Court or a Judge may order.\n\n(c) When the petition claims that the election may be declared void on the ground that certain persons who were not qualified to vote voted at the election, the petitioner shall, within 7 days after service of the petition, or within such further time as a Judge may allow, deliver to the Court and to the respondent a list containing the names of all persons alleged to have voted who were not qualified to vote at the election, and no objection shall be entertained against the vote of any person whose name does not appear in such list, except by leave of the Court or a Judge upon such terms as to amendment of the list, adjournment of the trial, and payment of costs, as the Court or a Judge may order.\n\n[Rule 7 amended: SL 2022/201 r. 9.]\n\n##### 8. Counter charges\n\nWhen a petition claims a seat for a person who has not been returned as a member, and the respondent desires to set up that the person for whom the seat is claimed was not duly elected upon some ground other than those mentioned in the last preceding rule, he shall within 7 days after service of the petition, or within such further time as the Court or a Judge may allow, deliver to the Court and to the petitioner, at his address for service, a statement of the grounds on which he intends to rely. The statement shall set forth the grounds in the same manner in which facts relied on to invalidate an election or return are required to be set forth in a petition.\n\n[Rule 8 amended: SL 2022/201 r. 10.]\n\n##### 9. Interlocutory questions\n\nAll interlocutory questions and matters may be heard and disposed of by a Judge at Chambers, who shall have the same control over the proceedings as a Judge at Chambers in the ordinary proceedings of the Supreme Court.\n\n##### 10. Respondent may give notice that he does not oppose petition\n\nThe respondent may, at any time, give notice that he does not intend to oppose or further oppose the petition by serving notice thereof, in writing, signed by the respondent or his solicitor, on the Court at the Central Office, and on the petitioner or his solicitor.\n\nOn such notice being served, the Court or a Judge may make an order in the terms of the prayer of the petition on the *ex parte* application of the petitioner.\n\nThe respondent shall not be liable for any costs incurred subsequent to such notice unless the Court or a Judge shall otherwise order.\n\n[Rule 10 amended: SL 2022/201 r. 11.]\n\n##### 11. Trial\n\nThe trial of the petition shall be held at a time and place to be appointed by the order of a Judge on the application of a party to the petition. Ten days’ notice of trial, or such other notice thereof as the Judge may direct, shall be given by the party obtaining the order to the other party to the petition, and, unless the Judge otherwise orders, shall be advertised in a newspaper circulating generally in the State, or in the district for which the election was held, as the case requires.\n\nAn order appointing the time and place of trial may be varied from time to time.\n\n[Rule 11 amended: SL 2022/201 r. 12.]\n\n##### 12. Withdrawal of petition\n\nA petition may be withdrawn by leave of the Court or a Judge upon such terms as the Court or a Judge may think fit. Unless the Court or a Judge shall otherwise order, 10 days’ notice of the intention to apply for leave shall be given to the respondent, and by advertisement in a newspaper circulating generally in the State, or in the district for which the election was held, as the case requires, and at the hearing of the application the Court or a Judge may allow any other person who was competent to present a petition on the like grounds to be substituted for the petitioner. The proceedings upon the petition shall thereupon be continued as if the person so substituted had been the original petitioner.\n\n[Rule 12 amended: SL 2022/201 r. 13.]\n\n##### 13. Abatement by death of petitioner\n\nWhen a sole petitioner dies before the trial of the petition, a Judge may, in his discretion, allow some other person to be substituted as petitioner. The proceedings upon the petition shall thereupon be continued as if the person so substituted had been the original petitioner.\n\n##### 14. Substitution of parties\n\nIf the Court or a Judge has reason to believe that the parties to a petition are acting in collusion with each other, or with any third person for the purpose of defeating the true intent of the *Electoral Act 1907*, the Court or a Judge may direct some other person to be substituted for the petitioner or respondent, and the proceedings upon the petition shall be continued as if the person so substituted had been an original party to the petition: Provided that the original party and not the substituted party shall be liable to pay such costs of the proceedings as the Court may order to be paid.\n\n##### 15. Forms and fees\n\nThe forms prescribed in Schedule 1 may be used, and the fees prescribed in Schedule 2 shall be paid in proceedings in the Court of Disputed Returns.\n\n[Rule 15 amended: SL 2022/201 r. 14.]\n\n##### 16. Application of General Rules of Court\n\nThe General Rules of the Supreme Court, and the Orders of the Supreme Court relating to fees shall, so far as the same are applicable, and are not inconsistent with these rules extend and apply to proceedings in the Court of Disputed Returns.\n\nSchedule 1 — Forms\n\n[r. 2 and 15]\n\n[Heading amended: SL 2022/201 r. 15(1).]\n\n*Electoral Act 1907*\n\n*Petition*\n\nIn the Court of Disputed Returns.\n\nIn the matter of the election of a member of the Legislative Council [*or* of a member of the Legislative Assembly for the ................................................................ District.]\n\nTHE Petition of A.B., of ......................................................................................., whose name is subscribed.\n\n[*Set out the facts relied on in paragraphs.*]\n\nWhereupon your petitioner prays that it may be determined .................................\n\n................................................................................................................................\n\n[*Set out the relief the petitioner claims to be entitled to.*]\n\n(Signature.)\n\nWitnesses —\n\nC.D. (Occupation and address.)\n\nE.F. (Occupation and address.)\n\nFiled in the Central Office of the Supreme Court the ................................. day of ...................................., 20......., by .................................. of ................................, Solicitor for the Petitioner.\n\nAddress for Service ......................................................\n\n*Electoral Act 1907*\n\n*Notice of Presentation of Petition,*\n\nNOTICE is hereby given that on the ............................ day of ............................, 20....., a Petition was presented to the Court of Disputed Returns by ................... of ................................ (*Name and Address of Petitioner*) claiming the following relief namely ................................ on the following grounds: — ..........................\n\nDated the .................................. day of ....................................................., 20.......\n\n.............................................................\n\nPrincipal Registrar of the Supreme Court.\n\n![]()\n\n*Electoral Act 1907*\n\n*Address for Service*\n\nTo the Supreme Court\n\nI, A.B., .................................................., returned as a member of the Legislative Council [*or* as a member of the Legislative Assembly for the ............................. District] appoint .................................... as the address at which a petition under Part V of the *Electoral Act 1907* may be served upon me, and I appoint ............................, a legal practitioner entitled to practise in the Supreme Court as my Solicitor in respect of such petition.\n\nDated the .................................. day of ....................................................., 20.......\n\n(Signature) ................................................\n\n![]()\n\n*Electoral Act 1907*\n\n*Notice of Application for Leave to withdraw Petition*\n\nIn the Court of Disputed Returns.\n\nIn the matter of the election of a member of the Legislative Council [*or* of a member of the Legislative Assembly for the ............................. District]. And in the matter of the Petition of A.B. claiming [state shortly the relief claimed].\n\nNotice is hereby given that the petitioner will, on the ................................ day of .........................................., 20......, apply to the Court of Disputed Returns in the Supreme Court Buildings, Perth, for the leave of the Court to withdraw his petition filed the ................................... day of ..........................................., 20.....\n\nDated the .................................. day of ....................................................., 20.......\n\n![]()\n\n*Electoral Act 1907*\n\n*Notice of intention not to oppose Petition*\n\nIn the Court of Disputed Returns.\n\nIn the matter of the election of a member of the Legislative Council [*or* of a member of the Legislative Assembly for the ............................. District].\n\nAnd in the matter of the petition of A.B., claiming [state shortly the relief claimed].\n\nTake notice that I do not intend to oppose (*or* to further oppose) this petition.\n\nDated the .................................. day of ...................................................., 20.......\n\n........................................................\n\nRespondent.\n\nTo The Supreme Court  \nand to the abovenamed Petitioner.\n\n![]()\n\n*Electoral Act 1907*\n\n*Notice of Trial*\n\nIn the Court of Disputed Returns.\n\nIn the matter of the election of a member of the Legislative Council [*or* of a member of the Legislative Assembly for the ............................. District].\n\nNotice is hereby given that the time and place for the hearing of the petition of A.B., filed the .................................... day of ...................................., 20....., have been appointed as follows: —\n\nThe ..................................... day of ......................................, 20....., at the hour of ........................... o’clock in the forenoon in the Supreme Court Buildings, Perth.\n\nDated the .................................. day of ....................................................., 20.......\n\n![]()\n\n*Electoral Act 1907*\n\n*Summons of a Witness*\n\nIn the Court of Disputed Returns.\n\nIn the matter of the election of a member of the Legislative Council [*or* of a member of the Legislative Assembly for the ............................. District.]\n\nAnd in the matter of the Petition of A.B.\n\nTo ...........................................,  \nof ........................................\n\nYou are hereby required to attend the sittings of the Court of Disputed Returns to be holden at the Supreme Court Buildings, Perth, on .................................. the ............................. day of ............................, 20....., at the hour of ........................ in the ................... noon, and so from day to day until the above Petition is tried, to give evidence on behalf of the ................................ and also to bring with you and produce at the time and place aforesaid ..........................................................\n\n................................................ C. J.\n\n............................................. [*or* J.]\n\nThis Summons was issued by ..............................................................., Solicitor, Perth, for and on behalf of the ...............................................................................\n\n[Schedule 1, formerly The First Schedule, amended: Gazette 3 Jul 2009 p. 2681‑2; SL 2022/201 r. 15.]\n\nSchedule 2 — Fees\n\n[r. 15]\n\n[Heading amended: SL 2022/201 r. 16(1).]\n\n|  | $ |\n| --- | --- |\n| On filing petition ............................................................................ | 1.00 |\n| On application for leave to withdraw petition ................................ | 0.30 |\n| On an order for leave to withdraw petition .................................... | 0.50 |\n| On an order of the Court after notice by respondent of intention not to oppose petition ................................................................... | 0.50 |\n| On an order of the Court after trial ................................................. | 1.00 |\n| On any interlocutory application .................................................... | 0.30 |\n| On any interlocutory order ............................................................. | 0.50 |\n| For sealing any copy of a document as an office copy, per folio ... | 0.02 |\n| For making any copy of a document, and sealing same as an office copy, per folio ..................................................................... | 0.05 |\n| For every summons for the attendance of a witness ....................... | 0.05 |\n\n\n[Schedule 2, formerly The Second Schedule, amended: Act No. 113 of 1965 s. 8(1); SL 2022/201 r. 16.]\n\nNotes\n\nThis is a compilation of the *Electoral Rules 1908* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *The Electoral Rules of 1908* 1 | 9 Oct 1908 p. 2706‑8 | 9 Oct 1908 |\n| *Decimal Currency Act 1965* assented to 21 Dec 1965 | | s. 4-9: 14 Feb 1966 (see s. 2(2));   balance: 21 Dec 1965 |\n| **Reprint of *The Electoral Rules of 1908* as at 19 Oct 2001** (includes amendments listed above) | | |\n| *Electoral Amendment Rules 2009* | 3 Jul 2009 p. 2681‑2 | r. 1 and 2: 3 Jul 2009 (see r. 2(a));   Rules other than r. 1 and 2: 4 Jul 2009 (see r. 2(b)) |\n| *Electoral Amendment Rules 2022* | SL 2022/201 22 Nov 2022 | r. 1 and 2: 22 Nov 2022 (see r. 2(a));   Rules other than r. 1 and 2: 23 Nov 2022 (see r. 2(b)) |\n\n\nOther notes\n\n1 Now known as the *Electoral Rules 1908;* citation change  (see note under r. 1).\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: providing court procedures for disputing election results under Part V of the Electoral Act 1907. Despite being over a century old, the rules have not expanded beyond this narrow procedural remit. Amendments have been limited to updating monetary amounts (decimal currency conversion in 1965, fee adjustments), modernising language (removing archaic terms), and updating administrative references (Gazette publication requirements). The core scope—governing petitions to the Court of Disputed Returns—has remained constant since 1908."},"complexity_factors":["Short, standalone document with only 16 substantive rules","Minimal cross-referencing (primarily references to the Electoral Act 1907 for context)","Straightforward procedural structure following logical chronological order (filing → service → particulars → trial → resolution)","Only 3 defined concepts requiring external knowledge (Court of Disputed Returns, Central Office, address for service)","Simple conditional logic (mostly 'if X then Y' without nested exceptions)","Prescriptive forms in Schedule 1 reduce ambiguity","Single amendment history spanning 114 years with only 3 amendment instruments","No delegated legislation or regulatory powers within the rules themselves"],"plain_english_summary":"These are the **Electoral Rules 1908** (Western Australia), which set out the court procedures for challenging election results.\n\n**What it does:**\nThese rules govern how someone can legally dispute the outcome of a State election in Western Australia. They create a specialised court process called the **\"Court of Disputed Returns\"** (which is actually the Supreme Court sitting in a special capacity) to hear claims that an election was improper or that the wrong candidate was declared the winner.\n\n**Who it affects:**\n- **Candidates and voters** who want to challenge an election result\n- **Elected members** whose victory is being disputed\n- **The Supreme Court** (which handles these cases)\n- **The general public** (because election disputes must be published in newspapers and the Government Gazette)\n\n**Key processes covered:**\n- **Filing a petition:** You must file your challenge in the Supreme Court, pay a $100 security deposit plus publication costs, and provide proper documentation.\n- **Public notification:** The dispute must be published in the *Government Gazette* and a newspaper so the public knows about it.\n- **Serving documents:** The person being challenged must receive official copies of the petition within 14 days.\n- **Providing details:** If you're claiming someone won who wasn't declared the winner, or that unqualified people voted, you must provide specific lists of ballot papers or voters in dispute.\n- **Trial procedure:** The case is heard by a Judge, with formal notice given to all parties.\n- **Withdrawing or settling:** Petitions can be withdrawn with court permission, and respondents can choose not to oppose the challenge.\n\n**Why it matters:**\nThese rules ensure that election disputes are handled fairly, openly, and with proper legal process. They prevent frivolous challenges (by requiring deposits and detailed particulars) while ensuring legitimate concerns about electoral fraud or errors can be properly investigated by the courts. The rules have remained largely unchanged since 1908, with only minor updates to fees and procedures over the last century."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument remains a procedural code governing petitions to the Court of Disputed Returns under the Electoral Act 1907. Amendments noted in the compilation table and rule headings adjust fees, forms, and specific timings or citation wording but do not, on their face, alter the core jurisdictional scope or the types of election disputes the rules govern."},"complexity_factors":["Multiple short, strict procedural deadlines (service within 14 days; lists within 7 days) increasing pressure on parties","Several mandatory public-notice and publication steps (Gazette and newspaper) raising compliance and cost obligations","Judicial discretion to allow extensions, substitutions, amendments and leave creates variable outcomes","Detailed evidentiary-limitation mechanism (lists of ballot‑papers and names) restricting admissible grounds without leave","Integration with General Rules of the Supreme Court and prescribed forms/fees adds cross‑reference complexity","Provisions addressing substitution, withdrawal and collusion which introduce additional procedural routes and costs"],"plain_english_summary":"These rules set out the court procedure for election petitions under the Electoral Act 1907: how a petition is titled, filed, published, served, and tried in the Court of Disputed Returns, and the forms and fees required. They affect petitioners, respondents (returned members), the Supreme Court registry and witnesses. The rules require a petitioner to lodge security for costs and publication expenses, impose short filing and disclosure deadlines, and give Judges discretion to allow extensions, substitutions or interlocutory orders — shaping the costs, timing and evidentiary scope of election disputes."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"No scope assessment is possible as no legislative text was provided. The submission contains only a broken webpage error message, not the text of the Electoral Rules 1908."},"complexity_factors":["No actual legislative content was provided — the input is a website error/404 page","Only metadata, an error message, and an Acknowledgement of Country are present","No provisions, definitions, schedules, or operative clauses exist to assess"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThis document does not contain the actual text of the **Electoral Rules 1908** (Western Australia). Instead, it shows an error page from the Western Australian legislation website, indicating that the page is **no longer available** at its previous web address due to system and security upgrades.\n\n**What this means for you:** No analysis of the Electoral Rules 1908 is possible from this content. To find the actual legislation, you would need to:\n- Visit the [Western Australian legislation website](https://www.legislation.wa.gov.au) directly\n- Search for \"Electoral Rules 1908\" using the site's menu or search function\n- Contact the Parliamentary Counsel's Office Helpdesk for assistance\n\nThe Electoral Rules 1908 would historically have governed rules around elections in Western Australia, but **no substantive legal content was provided** for analysis."}},"importantCases":[],"_links":{"self":"/api/acts/electoral-rules-1908","history":"/api/acts/electoral-rules-1908/history","analysis":"/api/acts/electoral-rules-1908/analysis","conflicts":"/api/acts/electoral-rules-1908/conflicts","importantCases":"/api/acts/electoral-rules-1908/important-cases","documents":"/api/acts/electoral-rules-1908/documents"}}