The High Court ruled that because the number of lost ballots exceeded the margin for the two remaining Senate seats, the only acceptable remedy was to void the results and hold a special election.

The date was set by Sir Peter Cosgrove, the Governor-General of Australia, on the advice of Prime Minister Tony Abbott.

However, the onus for setting times and processes fell on the Governor of Western Australia, Malcolm McCusker, on the advice of Colin Barnett, Premier of Western Australia, in McCusker's obligations under the operation of the Election of Senators Act 1903 (WA).

[9] Reynolds was ahead in the ABC's detailed count projection,[7] with Antony Green predicting on 10 April "It is clear the Liberals will win the last seat".

[22][23] After the final recount the result was duly declared which changed the last two predicted WA Senate spots from Palmer and Labor back to Sports Party and Greens.

Mick Keelty, a former AFP Commissioner, was requested by the AEC to investigate the issue of the misplaced ballot papers.

[29] Group voting tickets came under scrutiny because multiple candidates were provisionally elected with the vast majority of their 14.3 percent quotas coming from the preferences of other parties across the political spectrum.