UPDATE: A legal showdown is underway in Sydney as Liberal challenger Gisele Kapterian seeks to overturn the election result against Teal independent Nicolette Boele for the Bradfield seat. The trial commenced in the Court of Disputed Returns on Friday, focusing on the fate of 150 disputed ballot papers that could sway the razor-thin election outcome.
In the May 3, 2023 federal election, Boele secured the Bradfield seat by a mere 26 votes, achieving 50.01 percent of the two-candidate preferred vote. Chief Justice Stephen Gageler has referred the matter to the Federal Court in NSW, emphasizing that the trial will scrutinize the legitimacy of the disputed ballots.
“This is the next step in Australia’s strong and trusted democratic process,” Boele asserted following her swearing-in. She delivered her maiden speech in the House of Representatives, promising to continue serving her constituents despite the ongoing legal challenge. Boele expressed confidence in the court and the Australian Electoral Commission, stating, “I have every confidence in the court, the AEC, and the integrity of their work.”
Kapterian’s challenge comes after an initial count that awarded the seat to Boele by just eight votes, which triggered an automatic recount. The recount ultimately confirmed Boele’s victory, but Kapterian contested the result roughly ten weeks later, citing discrepancies in the counts.
Kapterian clarified that her court action is not about questioning the integrity of the electoral system but ensuring that “the intentions of the voters of Bradfield are accurately reflected in the final count.” Her legal team has not requested a voiding of the election results, which would necessitate a by-election.
The atmosphere is charged as the trial unfolds, with Kapterian seeking community donations to cover her legal expenses, promising to return or donate the funds if her party is ordered to pay costs. She reiterated, “Every vote counts,” underscoring the significance of this electoral battle.
Boele’s victory marks a historic shift for the Bradfield electorate, which had been a Liberal stronghold and was previously held by former minister Paul Fletcher before retiring ahead of the 2025 poll. As the legal proceedings continue, all eyes are on the Federal Court for a resolution that will determine the future of this pivotal seat in Sydney’s north.
The outcome of this trial has the potential to reshape the political landscape in Bradfield and influence voter confidence in the electoral process. Stay tuned for updates as this developing story unfolds.
