In the matter of an application by Andrew Green for leave to issue a proceeding [2011] HCA 5

In the matter of an application by Andrew Green for leave to issue a proceeding [2011] HCA 5

The application for leave to issue the proposed proceeding is refused because the petition does not disclose an arguable case fit to go to trial; it fails to sufficiently set out facts relied upon to invalidate the election as required by ss 355(a) and 355(aa) of the Commonwealth Electoral Act 1918; no jurisdictional error by Emmett J is arguable; thus, there is no real question to be determined.

Parties
Applicant: Andrew Green; Respondent: David Bradbury; Respondent: Australian Electoral Commission
Jurisdiction
Australia
Judgment Date
25 March 2011
Procedural Posture
Application for Leave to Issue a Proceeding / Order Refusing Leave
Outcome
leave refused
Legal Topics
Leave to Issue Proceeding, Electoral Petitions, Jurisdictional Error, Commonwealth Electoral Act, Finality of Court Decisions
Electoral Law Constitutional Law Administrative Law Leave to Issue Proceeding Electoral Petitions Jurisdictional Error Commonwealth Electoral Act Finality of Court Decisions

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Parties

Andrew Green

Applicant

David Bradbury

Respondent

Australian Electoral Commission

Respondent

Procedural Posture

Application for Leave to Issue a Proceeding / Order Refusing Leave

Legal Issues

  1. 1 Whether the proposed application raises a real question to be determined
  2. 2 Whether the Federal Court erred in dismissing the electoral petition for lack of sufficient factual allegations under ss 355(a) and 355(aa) of the Commonwealth Electoral Act 1918 (Cth)
  3. 3 Whether s 368 of the Commonwealth Electoral Act is invalid to the extent it restricts High Court jurisdiction

Ratio Decidendi

The application for leave to issue the proposed proceeding is refused because the petition does not disclose an arguable case fit to go to trial; it fails to sufficiently set out facts relied upon to invalidate the election as required by ss 355(a) and 355(aa) of the Commonwealth Electoral Act 1918; no jurisdictional error by Emmett J is arguable; thus, there is no real question to be determined.

Court Disposition

leave refused

Orders

  • Leave to issue the proposed proceeding is refused.