Whitlam appointed Senator Murphy to the High Court, even though Murphy's Senate seat would not be up for election if a half-Senate election were held. Labor then held three of the five short-term New South Wales Senate seats. Under proportional representation, Labor could hold its three short term seats in the next half-Senate election, but if Murphy's seat were also contested, Labor was unlikely to win four out of six. Thus, a Murphy appointment meant the almost certain loss of a seat in the closely divided Senate at the next 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.