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Australian Electoral Law

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1 But even in malfeasance cases, a hardline approach against the respondent on the question of remedies is in tension with the general law rule in Briginshaw v Briginshaw.26 Briginshaw is a well-known High Court case that provides that the standard of proof in civil proceedings is effectively increased where the allegations are serious or would have grave consequences. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
2 Most Australian legislation ultimately leaves the question of remedies to the judge’s discretion: that is, remedies are to be granted on whatever grounds the judge thinks “just and sufficient,” given the “real justice,” or “substantial merits and good conscience,” of the case. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
3 While oldfashioned, individualized vote-buying is all but dead in today’s mass, relatively wealthy electorate, the question of improper and corrupt arrangements to attract electoral support is very much alive. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
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