Indefeasibility of title and acknowledgement of country

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Bradfield was the last outstanding seat from the 3 May election, but the result could still be challenged by the Liberals in the court of disputed returns.

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Within 40 days of the election writ being returned, any candidate or elector from the seat can “petition” its result. That process involves a formal pleading to the court of disputed returns. For national elections, that usually means the high court.

Nyangbul v State of New South Wales - NSW Caselaw

[30] Thirdly, the principle of indefeasibility is not circumvented because Ballina Shire Council has acknowledged that the Ballina Coast and Hinterland is “the traditional Nyangabul country of the Bundjalung Nation…whose custodianship of the Ballina Shire area dates back many thousands of generations”. Recognition of such custodianship is entirely fitting, but it does not displace the statutory principle of indefeasibility.

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