Green v Bradbury [2011] FCA 71

Green v Bradbury [2011] FCA 71

The petition was dismissed because it failed to set out facts, as required by s 355(a) of the Electoral Act, that were capable of sustaining any ground for invalidating the election, including in relation to bribery, undue influence, or other illegal practices, and failed to allege or substantiate facts to show the result of the election was likely to have been affected. No jurisdiction to dispense with the statutory requirements existed; therefore, no proceedings could be had on the petition.

Jurisdiction
Australia
Judgment Date
03 February 2011
Procedural Posture
Electoral Petition / Summary Dismissal/application to Dismiss Petition
Outcome
Petition dismissed
Legal Topics
['court of Disputed Returns' 'electoral Petitions' 'summary Dismissal' 'requirements of Petition' 'electoral Offences']
['administrative Law' 'electoral Law'] ['court of Disputed Returns' 'electoral Petitions' 'summary Dismissal' 'requirements of Petition' 'electoral Offences']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Electoral Petition / Summary Dismissal/application to Dismiss Petition

Legal Issues

  1. 1 ['Whether the petition set out facts relied upon to invalidate the election or return as required by s 355(a) of the Commonwealth Electoral Act 1918 (Cth)' 'Whether the petition set out facts capable of supporting allegations of bribery, corruption or undue influence' 'Whether the petition set out facts capable of supporting allegations of other illegal practices' "Whether the petition set out facts bearing upon the casting or counting of votes such that the result 'was likely to be affected'" 'Whether a political party was correctly joined as respondent']

Ratio Decidendi

The petition was dismissed because it failed to set out facts, as required by s 355(a) of the Electoral Act, that were capable of sustaining any ground for invalidating the election, including in relation to bribery, undue influence, or other illegal practices, and failed to allege or substantiate facts to show the result of the election was likely to have been affected. No jurisdiction to dispense with the statutory requirements existed; therefore, no proceedings could be had on the petition.

Court Disposition

Petition dismissed

Orders

  • ['No proceedings be had on the petition filed on 27 October 2010.' 'This proceeding be dismissed.' 'Proceeding to be listed for directions concerning submissions on costs.']