Dent v Australian Electoral Commission [2007] FCA 1698

Dent v Australian Electoral Commission [2007] FCA 1698

The Court refused interlocutory relief because it was open to the Divisional Returning Officer or Australian Electoral Officer, on the information before him, to consider that Arthur Dent was not the name by which the applicant was usually known under s 93A(2)(b) of the Commonwealth Electoral Act 1918. The applicant had not shown an error of law that would compel a mandatory injunction requiring his enrolment under that name.

Jurisdiction
Australia
Judgment Date
01 November 2007
Procedural Posture
Application for Electoral Enrolment Relief and Interlocutory Relief / Interlocutory Application
Outcome
Application for interlocutory relief refused; matter adjourned for directions; costs reserved.
Legal Topics
['electoral Enrolment' 'itinerant Elector' 'silent Elector' 'refusal to Include Name on Electoral Roll' 'interlocutory Mandatory Relief']
['electoral Law' 'administrative Law' 'federal Court Procedure'] ['electoral Enrolment' 'itinerant Elector' 'silent Elector' 'refusal to Include Name on Electoral Roll' 'interlocutory Mandatory Relief']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Electoral Enrolment Relief and Interlocutory Relief / Interlocutory Application

Legal Issues

  1. 1 ['Whether the respondents should be ordered by interlocutory relief to enrol the applicant forthwith as an elector under the name Arthur Dent.' 'Whether the Australian Electoral Officer was entitled to consider that Arthur Dent was not the name by which the applicant was usually known for the purposes of s 93A of the Commonwealth Electoral Act 1918.' "Whether s 93A(2)(b) applies objectively or can be satisfied by the applicant's unilateral assertion of the name by which he is usually known." 'Whether s 102(1)(A) required inquiries to be made before dealing with the enrolment claim.']

Ratio Decidendi

The Court refused interlocutory relief because it was open to the Divisional Returning Officer or Australian Electoral Officer, on the information before him, to consider that Arthur Dent was not the name by which the applicant was usually known under s 93A(2)(b) of the Commonwealth Electoral Act 1918. The applicant had not shown an error of law that would compel a mandatory injunction requiring his enrolment under that name.

Court Disposition

Application for interlocutory relief refused; matter adjourned for directions; costs reserved.

Orders

  • ['The application for interlocutory relief be refused.' 'The matter be adjourned to a date to be fixed for a directions hearing.' 'Costs reserved.']