NSW Liberals Launch Court Challenge Over Bradfield Election Result

The New South Wales Liberals are launching a court challenge after losing the North Sydney seat of Bradfield to independent Nicolette Boele by a 26-vote margin.

Boele was declared the winner on June 4 following a month-long count, defeating Liberal candidate Gisele Kapterian.

“After careful consideration of the two different results of the counts in Bradfield, we have taken the decision to go to the umpire,” Kapterian said in a statement on Monday.

“We are requesting a targeted final examination of a small number of ‘line ball’ ballots that were reserved and considered by the Australian Electoral Officer during the counts.”

Kapterian said the decision was made to ensure the result reflected the “true wishes of the voters”.

However, she emphasised that the decision to challenge the outcome was not due to distrust in the electoral system.

“To be clear, there is no question regarding the integrity of our electoral system.

“In fact, this process has only served to reaffirm my faith in Australia’s democratic institution.

“I am grateful for the AEC’s [Australian Electoral Commission] tireless work in delivering the two very close counts.”

The challenge will be taken to the Court of Disputed Returns, and the Chief Justice of the High Court will nominate a High Court or Federal Court judge to sit as the Court of Disputed Returns.

Winning MP “getting on with the job” despite challenge

The NSW Liberals will be funding Kapterian’s court bid, with senior members banking on the judge ruling illegible ballots as invalid to cinch the win.

The party also plans to compensate Kapterian if she’s unsuccessful.

Speaking to 702 ABC Radio Sydney on Tuesday morning, Boele said she planned to defend the challenge in court, and would “100 per cent” run as a candidate if a by-election was triggered.

“I am technically the MP and am getting on with the job, I’ve been through MP school,” she said.

“On Monday I will be attending parliament to be sworn in. I hope to do my first speech on Tuesday 28th of July.”

The move comes after weeks of unpredictable counting, with Bradfield initially called for Kapterian on May 12, with a lead of 200 votes.

However, as the count continued over the next week, Boele took the lead, where she remained until the final stages of counting, when Kapterian pulled ahead yet again with a tiny eight ballots.

The AEC requires all contests won by fewer than 100 votes to be recounted, with the new count resulting in a Boele lead of 26 votes.

The seat of has been held by the Liberal party since it was established in 1949.