Application by Geoffrey Gleghorn inquiry into an election for Australian Journalists Association [1980] FCA 19

Application by Geoffrey Gleghorn inquiry into an election for Australian Journalists Association [1980] FCA 19

The ballot paper directions were directory and required only substantial compliance. Votes marked by ticks or crosses sufficiently indicated the voters' intentions in this two-candidate optional preferential ballot, and multiple ballot papers returned in one business reply envelope were still substantially compliant where only two or three papers were enclosed. The three ballot papers later discovered in envelopes had been received before the closure of the ballot and should be counted. On the corrected count Porter remained the successful candidate, so no order under Section 165 was warranted except termination of the inquiry.

Jurisdiction
Australia
Judgment Date
29 February 1980
Procedural Posture
Election Inquiry Under the Conciliation and Arbitration Act, 1904 / Application Under Section 159 Granted by the Industrial Registrar and Referred to the Federal Court After Declaration of the Election
Outcome
The Court found irregularities in the original declaration but concluded that Barry Porter was clearly the successful candidate on the corrected count; the inquiry was to be terminated, with certification under Section 168(2) contemplated for Geoffrey Gleghorn having acted reasonably.
Legal Topics
['union Election Inquiry' 'secret Postal Ballot' 'optional Preferential Voting' 'informal Votes' 'mandatory and Directory Election Directions' 'irregularities Affecting Ballot Count']
['industrial Law' 'election Law'] ['union Election Inquiry' 'secret Postal Ballot' 'optional Preferential Voting' 'informal Votes' 'mandatory and Directory Election Directions' 'irregularities Affecting Ballot Count']

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Procedural Posture

Election Inquiry Under the Conciliation and Arbitration Act, 1904 / Application Under Section 159 Granted by the Industrial Registrar and Referred to the Federal Court After Declaration of the Election

Legal Issues

  1. 1 ['Whether directions on the ballot paper requiring use of numerals and return of the ballot paper in a business reply envelope were action taken or directions given under Section 170A of the Conciliation and Arbitration Act, 1904.' 'Whether those directions were mandatory or directory only.' 'Whether ballot papers marked with a tick or cross sufficiently indicated an intention to vote for a particular candidate.' 'Whether ballot papers returned more than one to an envelope should have been admitted as formal votes.' 'Whether three ballot papers discovered in envelopes after declaration but received before closure of the ballot should be counted.' 'Whether irregularities affected the declared result of the election.']

Ratio Decidendi

The ballot paper directions were directory and required only substantial compliance. Votes marked by ticks or crosses sufficiently indicated the voters' intentions in this two-candidate optional preferential ballot, and multiple ballot papers returned in one business reply envelope were still substantially compliant where only two or three papers were enclosed. The three ballot papers later discovered in envelopes had been received before the closure of the ballot and should be counted. On the corrected count Porter remained the successful candidate, so no order under Section 165 was warranted except termination of the inquiry.

Court Disposition

The Court found irregularities in the original declaration but concluded that Barry Porter was clearly the successful candidate on the corrected count; the inquiry was to be terminated, with certification under Section 168(2) contemplated for Geoffrey Gleghorn having acted reasonably.

Orders

  • ['No orders under Section 165 except an order terminating the inquiry.' 'Liberty to apply within twenty-four hours on the appropriate orders after publication of reasons.' 'The Court indicated that certification under Section 168(2) was the only matter calling for action.']