Gageler J 5. Local Court of New South Wales of an offence for which he was liable when brought before that Court to be sentenced to imprisonment for up to two years, a conviction which the Local Court later annulled by order made on 8 August 2016 under s 8 of the Crimes (Appeal and Review) Act 2001 (NSW). 15 At the conclusion of the hearing, the Full Court reserved its decision. In the ordinary course, it might reasonably be expected that the Full Court would deliver its decision by making an order in open court which answers each of the questions referred, and that the Full Court would endeavour to do so before 7 February 2017, the next date on which the Senate is scheduled to meet. 16 On 12 January 2017, Senator Culleton filed a summons in the reference proceeding. In accordance with a timetable set by directions made on 19 January 2017, that summons has been heard by me this morning. As on the hearing by the Full Court of the questions referred, Senator Culleton was represented on the hearing of the summons by Mr Peter King with Mr Peter Lithgow. The Attorney-General was represented by Mr Neil Williams SC with Mr Brendan Lim. 17 The Attorney-General argued for dismissal of the summons. Senator Culleton argued that some of the orders sought by the summons should be made today. He sought directions designed to facilitate the hearing of argument about the making of other orders at a later date. 18 The orders which Senator Culleton seeks by the summons can be divided substantially into two categories. Those two categories are best identified and dealt with separately. 19 The first category of orders is concerned to raise a belated challenge to the jurisdiction of the High Court sitting as the Court of Disputed Returns to hear and determine the questions referred. Senator Culleton seeks a declaration that Div 2 of Pt XXII of the Commonwealth Electoral Act is invalid either in whole or to the extent it authorised the referral of the questions which were the subject of the Senate resolution of 7 November 2016. He also seeks an order staying the further conduct of the reference proceeding. 20 By seeking that first category of orders, Senator Culleton in effect applies to reopen the hearing which was concluded before the Full Court on 7 December 2016 to raise a wholly new argument. Reopening to raise a new argument is something not lightly to be done even if the new argument sought to be raised on reopening is constitutional.

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