Re Australian Electoral Commission; Ex parte Kelly [2003] HCA 37

Re Australian Electoral Commission; Ex parte Kelly [2003] HCA 37

The writ for the New South Wales Senate election complied with s 156(1) Commonwealth Electoral Act, as the period for nomination was calculated correctly. No jurisdictional or procedural error by the Court of Disputed Returns was established. Applicant's arguments on time computation, disharmony between statutes, proclamation validity, and scope of quo warranto relief failed on facts and law. Relief sought cannot be granted contrary to statutory procedures in Part XXII of Electoral Act.

Parties
Applicant/prosecutor: Ned Kelly; Fourteenth Respondent: Australian Electoral Commission; Respondents: Australian Electoral Commission & Ors
Jurisdiction
Australia
Judgment Date
25 June 2003
Procedural Posture
Application for Order Nisi (including Quo Warranto, Prohibition, Mandamus and Injunctive Relief Under S 75(v) Constitution) / Final High Court Decision on Application
Outcome
Application dismissed with costs
Legal Topics
Senate Elections, Validity of Election Writs, Nomination Procedures, Relationship Between Commonwealth and State Electoral Laws, Quo Warranto, Jurisdiction of Court of Disputed Returns, Interpretation of Time Reckoning Statutes
Constitutional Law Electoral Law Senate Elections Validity of Election Writs Nomination Procedures Relationship Between Commonwealth and State Electoral Laws Quo Warranto Jurisdiction of Court of Disputed Returns +1 more

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Parties

Ned Kelly

Applicant/prosecutor

Australian Electoral Commission

Fourteenth Respondent

Australian Electoral Commission & Ors

Respondents

Procedural Posture

Application for Order Nisi (including Quo Warranto, Prohibition, Mandamus and Injunctive Relief Under S 75(v) Constitution) / Final High Court Decision on Application

Legal Issues

  1. 1 Whether the writ for the New South Wales half Senate election complied with s 156(1) of the Commonwealth Electoral Act 1918 (Cth) and s 4A(1) of the Senators' Elections Act 1903 (NSW)
  2. 2 Whether time reckoning for nomination period was correct under relevant statutes
  3. 3 Nature and scope of relief by way of quo warranto

Ratio Decidendi

The writ for the New South Wales Senate election complied with s 156(1) Commonwealth Electoral Act, as the period for nomination was calculated correctly. No jurisdictional or procedural error by the Court of Disputed Returns was established. Applicant's arguments on time computation, disharmony between statutes, proclamation validity, and scope of quo warranto relief failed on facts and law. Relief sought cannot be granted contrary to statutory procedures in Part XXII of Electoral Act.

Court Disposition

Application dismissed with costs

Orders

  • Leave granted to applicant to present further written submissions dated 11 June 2003
  • Application dismissed with costs