 Henry Sue , a voter from Queensland , disputed the election of Hill and filed a petition under the Commonwealth Electoral Act 1918 in the High Court of Australia , sitting in its capacity as the Court of Disputed Returns . Sue argued that on the date of Hill 's nomination to the Senate she was still a citizen of the United Kingdom and thus , because of the operation of section 44 of the Australian Constitution , was ineligible to be elected to the Parliament of Australia . 
