Unsuccessful lord mayor candidate Rex Patrick today announced he will fight the 2022 Adelaide City Council election results in the Court of Disputed Returns, and has enlisted the help of recently installed south ward councillor Henry Davis as instructing solicitor.

Former senator Rex Patrick today announced he had lodged a petition in the Court of Disputed Returns aimed to “address illegal practices” in the 2022 Adelaide City Council election.

“Given that illegal practices were identified by both the Commissioner and the media during the election campaign, and the extent of the illegal practices is understood to be more extensive than the 23 votes isolated by the Electoral Commissioner at the start of the count, no one in Adelaide can be confident that the declared result reflects the will of the people,” he said.

“This is particularly the case when a very narrow margin existed between first and second place in the ballot for Lord Mayor.”

Patrick lost to former Adelaide Lord Mayor and Rann Government Minister Jane Lomax-Smith by 52 votes at the November election for the position of Lord Mayor.

In November, SA Electoral Commissioner Mick Sherry announced he was investigating suspected “voting irregularities” in three council elections, including 90 ballots in the Adelaide City Council central ward election.

Up to 20 central ward ballots were rejected from the count, which included Lord Mayoral votes. There’s no suggestion from anyone that Lomax-Smith was involved in any irregularities.

Patrick said that, if successful, the petition would mean the SA Electoral Commission would need to host a  supplementary election for the Lord Mayor.

However, he said he had not made a decision about whether he would run in a new election if the court declared the election void.

He also defended Lomax-Smith’s “professional” campaign.

“I have made no decision about whether I will run in a new election if the Court declares the November election void,” Patrick said.

“I would like to stress that the petition is in no way directed at the conduct of the elected Lord Mayor, Dr Lomax Smith, who ran a professional and respectful campaign.”

The Adelaide City Council class of 2022. This picture: Tony Lewis

The grounds of the petition state “illegal practices” occurred in connection with the November 2022 election which affected the result.

“It is known that an illegal practice was engaged in (within the meaning of the Act) which resulted in the Commissioner excluding 23 ballots from the count,” the petition says.

“The margin by which Dr Lomax-Smith was declared elected as Lord Mayor was relatively small, and the precise margin is not known.

“The Commissioner is in possession of, and has indicated a preparedness to provide to this Court, information and assistance in relation to the investigations carried out by the Commissioner into the illegal practice.”

Patrick confirmed he had retained newly elected south ward councillor Henry Davis as instructing solicitor in the matter, and would also be represented by Stephen McDonald SC and Hannah Doyle.

The reason behind Davis’ appointment, Patrick said, was due to Davis offering his services “pro bono”.

“That’s a dominant factor,” Patrick said.

This week at the Adelaide City Council meeting, councillor Davis recused himself from the chamber during a debate about the “electoral integrity and transparency” of the 2022 Adelaide City Council general election.

The specialist tax lawyer, who has been principal of North Terrace law firm Henry Lloyd Davis for roughly a year and a half, declared a material conflict of interest. He said while walking out the door, “I will be leaving the chamber [as it] relates to my legal practice and this motion could potentially affect my income”.

Davis said acting as legal counsel for another candidate did not contravene the council’s standing orders or the Local Government Act as it would not affect his ward.

He said he would also declare any conflicts of interest, as he did on Tuesday night, when required.

Davis said he informed Lomax-Smith and City of Adelaide CEO Clare Mockler of his intent prior to mulling over the proposal.

“My fundamental ethos is very much about ‘don’t walk past problems’,” Davis said.

He said he believed the results of the 2022 Adelaide City Council general election were a “significant attack” on democracy.

When asked whether Davis was acting within the provisions of the Local Government Act by representing Patrick, Mockler said: “It is the responsibility of every Council Member to ensure that they comply with their obligations under the Local Government Act and the Behavioural Standards.”

Lomax-Smith said the petition would not affect the operation of the council and it was “important to avoid distractions” while the various investigations and the court action were in-train.

“I have confidence and respect for the processes of the investigation and the legal deliberations and will, of course, support the outcome,” she said.

“The new council and our administration are working hard and will continue to get on with the task of delivering for our community.”