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Australian Electoral Law
Australian Electoral Law
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| # | Result | Source |
|---|---|---|
| 1 | In Sue v Hill, the High Court held that a petition to unseat a successful candidate on the basis of a lack of qualifications was an exercise in judicial power. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 2 | The most famous case is Woodward v Sarsons (1875),27 which addressed administrative problems with the newly enacted secret ballot legislation by invoking the “common law of parliamentary elections.” In Woodward, an eminent bench held that an election could be voided on two grounds: (a) if there was “no real electing at all”—meaning the constituency did not have a free and fair opportunity of electing the candidate the majority might prefer; or (b) if the election was “not really conductedunder the subsisting election laws”— meaning the errors were so fundamental that, in a sense, a different method of election was used to that laid down in the legislation.28 The application of these tests is a matter of great conjecture. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 3 | Yet in Featherston v Tully, a full bench of the South Australia Supreme Court recently held that Woodward v Sarsonsapplied in that State. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 4 | Some judges have held that this prevents injunctive relief during the campaign or ballot count, if the matter being litigated could affect the outcome of the election, or if the applicant is seeking an injunction that might delay the election. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 5 | Meanwhile, a court held that the hard-right One Nation Party had been fraudulently registered in Queensland, because its grass-roots membership was kept separate from the registered party (to enable the party’s elite to maintain control).64 The legislative response to such scandals has been a tightening of registration eligibility and ongoing scrutiny of the register in several jurisdictions. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
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