Page "1975 Australian constitutional crisis" Paragraph 16

In February 1975, Whitlam decided to appoint Senator Murphy a justice of the High Court of Australia, even though Murphy's Senate seat would not be up for election if a half-Senate election were held.

Under proportional representation, Labor could win three of the five New South Wales seats, but if Murphy's seat was also contested, it was most unlikely to win four out of six.

Thus, appointing Murphy would almost certainly cost the ALP a Senate seat at the next half-Senate election.

Whitlam appointed Murphy anyway.

By convention, senators appointed by the state legislature to fill casual vacancies were from the same political party as the former senator.

The New South Wales premier, Tom Lewis felt that this convention only applied to vacancies caused by deaths or ill-health, and arranged for the legislature to elect Cleaver Bunton, former mayor of Albury and an independent.