 Another question in the case was whether the High Court , sitting as the Court of Disputed Returns , had jurisdiction to hear the case . Hill argued that because of the structure of the Commonwealth Electoral Act 1918 , the court could not hear the case . She argued that elections could not be disputed by petition if the dispute was about the eligibility of a candidate , as another provision of the Act meant that it would require a resolution of the relevant house of Parliament , the Senate in this case . 
