The Writ to elect Senator Erich Abetz to the Senate was returned in Hobart on 10th September 2010, this allows me to proceed with my Petition to the High Court.
By Law I have to advertise the fact in the Commonwealth and State Gazettes and in a Tasmanian newspaper of my choice.
The Tasmanian Times is one of the newspapers of my choice. Please find below copy of my advertisement.
THE AUSTRALIAN SENATE Tasmania
FILING OF PETITION DISPUTING ELECTION
An Election Petition disputing the election of a member of the Senate for the State of Tasmania held on 21st August 2010 was filed by John Hawkins (the Petitioner) on the 15th September 2010 in the Hobart Registry of the High Court of Australia, sitting as the Court of Disputed Returns.
The Respondent to the Petition is Erich Abetz who was declared elected.
In summary Erich Abetz’s election is disputed on the following grounds:
as a Senator for Tasmania was incapable of being elected as a result of s44(i) of the Constitution, by reason of the fact that Erich Abetz, was ineligible for election on the grounds that although he is a naturalized Australian citizen, he was, and is, a subject or citizen or entitled to the rights or privileges of a subject or citizen of a foreign power and was therefore under acknowledgement of allegiance to a foreign person within the meaning of s44(i) of the Constitution.
The Petitioner seeks the following orders:
1. That the Australian Electoral Officer for the State of Tasmania undertake further counting and recounting of the ballot-papers cast for candidates for election for the Senate pursuant to the writ issued dated 19th July 2010 for the election of senators for the State of Tasmania for the purpose of determining the candidate entitled to be elected to the place for which Senator Abetz was returned.
2. The Respondent pay the petitioner’s costs.
3. Such further or other orders as the Court thinks fit.
Will Edwards Lawyers
56A Charles Street
Solicitors for the Petitioner