Langer, Albert v Australian Electoral Commission [1996] FCA 195

Langer, Albert v Australian Electoral Commission [1996] FCA 195

Section 240 of the Commonwealth Electoral Act 1918 requires marking ballot papers with consecutive numbers for each candidate without repetition; appellant's conduct in encouraging otherwise is prohibited by s.329A, and the Supreme Court properly exercised discretion to grant an injunction restraining such conduct during the election period.

Jurisdiction
Australia
Judgment Date
01 March 1996
Procedural Posture
Appeal / Judgment After Hearing on Appeal From Supreme Court of Victoria
Outcome
Appeal dismissed (except for jurisdictional question regarding contempt proceeding).
Legal Topics
['preferential Voting' 'injunctions' 'statutory Interpretation' 'compulsory Voting']
['constitutional Law' 'elections Law'] ['preferential Voting' 'injunctions' 'statutory Interpretation' 'compulsory Voting']

Case Brief

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Procedural Posture

Appeal / Judgment After Hearing on Appeal From Supreme Court of Victoria

Legal Issues

  1. 1 ['Proper construction of s.240 of the Commonwealth Electoral Act 1918 regarding marking of ballot papers' "Whether appellant's conduct was prohibited by s.329A of the Commonwealth Electoral Act" 'Whether an injunction should have been granted under s.383 of the Commonwealth Electoral Act']

Ratio Decidendi

Section 240 of the Commonwealth Electoral Act 1918 requires marking ballot papers with consecutive numbers for each candidate without repetition; appellant's conduct in encouraging otherwise is prohibited by s.329A, and the Supreme Court properly exercised discretion to grant an injunction restraining such conduct during the election period.

Court Disposition

Appeal dismissed (except for jurisdictional question regarding contempt proceeding).

Orders

  • ['Leave to appeal granted (insofar as necessary)' 'Appeal against orders made by Supreme Court on 8 February 1996 dismissed, except as to jurisdiction concerning contempt proceeding']