Dent v Australian Electoral Commission [2007] FCA 2112

Dent v Australian Electoral Commission [2007] FCA 2112

Mr Dent’s nomination did not specify a name under which he was entitled to be enrolled, given the recent refusal to include 'Arthur Dent' on the electoral roll and the upholding of that refusal; therefore, his application for interlocutory relief must be dismissed.

Parties
Applicant: Arthur Dent; First Respondent: Australian Electoral Commission; Second Respondent: Daryl Wight
Jurisdiction
Australia
Judgment Date
01 November 2007
Procedural Posture
Application for Interlocutory Orders / Interlocutory Judgment on Application for Interlocutory Orders
Outcome
Application for interlocutory orders dismissed
Legal Topics
Nomination for Senate, Rejection of Nomination, Enrolment on Electoral Roll, Interlocutory Relief
Electoral Law Administrative Law Nomination for Senate Rejection of Nomination Enrolment on Electoral Roll Interlocutory Relief

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Parties

Arthur Dent

Applicant

Australian Electoral Commission

First Respondent

Daryl Wight

Second Respondent

Procedural Posture

Application for Interlocutory Orders / Interlocutory Judgment on Application for Interlocutory Orders

Legal Issues

  1. 1 Whether rejection of Mr Dent's nomination for the Senate was lawful under s 166(2)(b) of the Commonwealth Electoral Act 1918
  2. 2 Whether interlocutory relief should be granted against the Electoral Officer in respect of the nomination rejection

Ratio Decidendi

Mr Dent’s nomination did not specify a name under which he was entitled to be enrolled, given the recent refusal to include 'Arthur Dent' on the electoral roll and the upholding of that refusal; therefore, his application for interlocutory relief must be dismissed.

Court Disposition

Application for interlocutory orders dismissed

Orders

  • Mr Dent have leave to make an application against the Australian Electoral officer orally in court today.
  • Mr Dent's application for interlocutory orders be dismissed.