What remedies are available in the first instance?

Commonwealth Electoral Act, 1918, Part XXII—Court of Disputed Returns, Section 355

360 Powers of Court

            (1)  The Court of Disputed Returns shall sit as an open Court and itspowers shall include the following:

                     (i)  To adjourn;

                    (ii)  To compel the attendance of witnesses and the production ofdocuments;

                   (iii)  To grant to any party to a petition leave to inspect in thepresence of a prescribed officer the rolls and other documents (except ballotpapers) used at or in connexion with any election and to take, in the presenceof the prescribed officer, extracts from those rolls and documents;

                   (iv)  To examine witnesses on oath;

                    (v)  To declare that any person who was returned as elected was not dulyelected;

                   (vi)  To declare any candidate duly elected who was not returned as elected;

                  (vii)  To declare any election absolutely void;

                 (viii)  To dismiss or uphold the petition in whole or in part;

                   (ix)  To award costs;

                    (x)  To punish any contempt of its authority by fine or imprisonment.

            (2)  The Court may exercise all or any of its powers under this section onsuch grounds as the Court in its discretion thinks just and sufficient.

            (3)  Without limiting the powers conferred by this section, it is herebydeclared that the power of the Court to declare that any person who wasreturned as elected was not duly elected, or to declare an election absolutelyvoid, may be exercised on the ground that illegal practices were committed inconnexion with the election.

            (4)  The power of the Court of Disputed Returns underparagraph (1)(ix) to award costs includes the power to order costs to bepaid by the Commonwealth where the Court considers it appropriate to do so.