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Rex Patrick’s legal challenge over failed mayoral bid begins

The Lord Mayor’s political rival is coming for her job – but she has told a court she will abide by whatever it decides.

Lord Mayor Jane Lomax-Smith. Picture: The Advertiser/ Morgan Sette
Lord Mayor Jane Lomax-Smith. Picture: The Advertiser/ Morgan Sette

Adelaide Lord Mayor Jane Lomax-Smith “will take no role” in her political rival’s challenge to last year’s election result and “will abide” by its outcome, a court has heard.

On Friday, counsel for Ms Lomax-Smith said their client did not wish to participate, in a litigious sense, in former Senator Rex Patrick’s lawsuit over her narrow victory.

However, Ms Lomax-Smith’s lawyer told Judge Geraldine Davison his client would make herself available as and when the court required her presence, such as for the giving of evidence.

Former SA senator and failed Adelaide City Council mayoral candidate Rex Patrick. Picture Matt Turner.
Former SA senator and failed Adelaide City Council mayoral candidate Rex Patrick. Picture Matt Turner.

“Otherwise, she will stand aside and let the other parties deal with the matter,” he said.

“She will abide by the decision of the court, and does not intend to take an active role in the process.”

Mr Patrick lost the race to former Labor cabinet minister Jane Lomax-Smith by just 52 votes on November 12, following a campaign that included voter scam allegations.

The former senator said the SA Electoral Commissioner had identified “illegal practices” so “no one in Adelaide can be confident that the declared result reflects the will of the people”.

His is one of several council election challenges currently before the court, including bids lodged by Adelaide councillor Alex Hyde and failed Onkaparinga mayoral candidate Mark Nielson.

On Friday, counsel for Mr Patrick asked his matter and Mr Hyde’s matter be heard together, and that the evidence in each case be admissible in the other.

They said the “matters relevant” to Mr Patrick’s bid would “largely overlap” with those in Mr Hyde’s case.

Judge Davison said such decisions were a matter for the judge that would hear the cases, and adjourned Mr Patrick’s matter until next month for the filing of further documentation.

Original URL: https://www.adelaidenow.com.au/news/south-australia/rex-patricks-legal-challenge-over-failed-mayoral-bid-begins/news-story/5da16eec098a4d3daef60af044f6cd90