Palmer v Australian Electoral Commission [2019] HCA 24

Palmer v Australian Electoral Commission [2019] HCA 24

The publication by the Australian Electoral Commission of indicative two-candidate preferred count information for a Division, after the polls in that Division have closed but before the polls nationally have closed, is authorised by s 7(3) of the Commonwealth Electoral Act 1918 (Cth). No factual foundation was established to show that such publication had any relevant effect on voters, was inaccurate or misleading, or gave an imprimatur to any candidate. Accordingly, the plaintiffs' statutory and constitutional challenges failed.

Parties
Plaintiffs: Clive Frederick Palmer & Ors; Defendants: Australian Electoral Commission & Ors
Jurisdiction
Australia
Judgment Date
14 August 2019
Procedural Posture
Constitutional or Other Writ / Final Judgment and Orders After Full Court Hearing
Outcome
Application dismissed
Legal Topics
Publication of Election Result Information, Parliamentary Elections, Scrutiny of Votes, Indicative Two Candidate Preferred Count, Powers of Australian Electoral Commission
Constitutional Law Electoral Law Publication of Election Result Information Parliamentary Elections Scrutiny of Votes Indicative Two Candidate Preferred Count Powers of Australian Electoral Commission

Case Brief

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Parties

Clive Frederick Palmer & Ors

Plaintiffs

Australian Electoral Commission & Ors

Defendants

Procedural Posture

Constitutional or Other Writ / Final Judgment and Orders After Full Court Hearing

Legal Issues

  1. 1 Whether the publication of indicative two-candidate preferred count information before the close of polls nationally is authorised by the Commonwealth Electoral Act 1918 (Cth)
  2. 2 Whether such publication contravenes ss 7 and 24 of the Constitution by impermissibly affecting direct and popular choice in elections
  3. 3 Whether publication of such information is inaccurate, misleading, or gives an imprimatur to any candidate

Ratio Decidendi

The publication by the Australian Electoral Commission of indicative two-candidate preferred count information for a Division, after the polls in that Division have closed but before the polls nationally have closed, is authorised by s 7(3) of the Commonwealth Electoral Act 1918 (Cth). No factual foundation was established to show that such publication had any relevant effect on voters, was inaccurate or misleading, or gave an imprimatur to any candidate. Accordingly, the plaintiffs' statutory and constitutional challenges failed.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • The plaintiffs pay the defendants' costs, being the costs that the defendants incurred up to and including the date that they filed their submitting appearance.