NSW Liberals to Challenge Election Result in Bradfield Seat Loss

The New South Wales Liberal party is set to launch a court challenge following the loss of the Sydney seat of Bradfield. They aim to request a recount of certain ballots that resulted in independent Nicolette Boele winning by a 26-vote margin.

Boele was declared the victor on 4 June after a month-long count, defeating the Liberal party’s candidate Gisele Kapterian. The seat had been held by the Liberal party since its establishment in 1949.

The Australian Electoral Commission initially announced Kapterian as the winner by eight votes, but a recount was later initiated. The final outcome was determined based on rulings regarding ballot formality, with Boele securing 50.01% of the total vote against Kapterian’s 49.99%.

Bradfield was the final outstanding seat from the 3 May election, and the Liberals are considering a challenge in the court of disputed returns.

The NSW Liberal party plans to request a recount of a small number of ballots, similar to a past challenge in the Victorian seat of McEwan in 2008. This move follows a situation where Fran Bailey overcame Rob Mitchell by just 27 votes after raising concerns about irregularities in the original count.

A federal court judge found that the Australian Electoral Commission had incorrectly counted nine votes as informal, leading to a resolution after more than 220 days. Kapterian, who was serving as a shadow assistant minister, is expected to be replaced by another Liberal.

Within 40 days of the election writ being returned, any candidate or elector from the seat can contest the result through a formal process involving the court of disputed returns, typically the high court for national elections. Only 50 challenges to House of Representatives results have been brought before the court of disputed returns since 1907.

Boele received support from Simon Holmes à Court’s Climate 200 group, while the Liberals invested significant resources in retaining the seat previously held by Paul Fletcher. Bradfield encompasses North Shore suburbs like St Leonards, Killara, and Wahroonga, bordering Warringah and Mackellar electorates held by independents Zali Steggall and Sophie Scamps.

The Australian Financial Review initially reported the Bradfield challenge on Monday.