AEC v Bennetts [2001] FCA 1779

AEC v Bennetts [2001] FCA 1779

On the evidence, the format and content of the Senate how to vote card is likely to mislead or deceive electors because of its inaccurate headings and the order and instructions differing from the actual Senate ballot paper; thus an interlocutory injunction is appropriate.

Parties
Applicant: Australian Electoral Commission; First Respondent: Lyn Bennetts; Second Respondent: Robert Makley
Jurisdiction
Australia
Judgment Date
10 November 2001
Procedural Posture
Application for Injunction / Interlocutory Orders on Urgent Application
Outcome
Interlocutory injunction granted
Legal Topics
Injunctions, Misleading or Deceptive Conduct in Election Materials, Distribution of How to Vote Cards
Electoral Law Injunctions Misleading or Deceptive Conduct in Election Materials Distribution of How to Vote Cards

Case Brief

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Parties

Australian Electoral Commission

Applicant

Lyn Bennetts

First Respondent

Robert Makley

Second Respondent

Procedural Posture

Application for Injunction / Interlocutory Orders on Urgent Application

Legal Issues

  1. 1 Whether the distribution of how to vote cards by the respondents contravened s 329 of the Electoral Act 1918 (Cth)
  2. 2 Whether an injunction should be granted under s 383 of the Electoral Act 1918 (Cth) to restrain the distribution of misleading how to vote cards

Ratio Decidendi

On the evidence, the format and content of the Senate how to vote card is likely to mislead or deceive electors because of its inaccurate headings and the order and instructions differing from the actual Senate ballot paper; thus an interlocutory injunction is appropriate.

Court Disposition

Interlocutory injunction granted

Orders

  • The respondents are restrained from distributing or counselling or encouraging any other person to distribute how to vote cards produced by Pauline Hanson's One Nation Party for the House of Representatives division of Indi and for the half Senate election for the State of Victoria in the form of exhibits A1 and A2...
  • Liberty to the respondents to apply to the Court on short notice for orders varying or dissolving the order.