RE BARRY CEMINCHUK
The Court has no power under the Act, s.364, or High Court Rules to waive the requirements of s.355(d) and s.355(e) regarding attestation by witnesses and time for filing an election petition, thus the summons must be dismissed.
- Parties
- Applicant: Barry Ceminchuk
- Jurisdiction
- Australia
- Judgment Date
- 28 October 1993
- Procedural Posture
- Ex Parte Summons / Dismissal of Application
- Outcome
- summons dismissed
- Legal Topics
- Extension of Time, Electoral Petition Requirements, Waiver of Procedural Requirements
Case Brief
Summary, issues, holding and outcome
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Parties
Barry Ceminchuk
Applicant
Procedural Posture
Ex Parte Summons / Dismissal of Application
Legal Issues
- 1 Whether the Court has power to waive the requirements of attestation by two witnesses and time for filing under s.355 of the Commonwealth Electoral Act 1918
- 2 Whether s.364 of the Act confers authority to dispense with requirements of the Act
- 3 Whether High Court Rules can enlarge statutory time limits
Ratio Decidendi
The Court has no power under the Act, s.364, or High Court Rules to waive the requirements of s.355(d) and s.355(e) regarding attestation by witnesses and time for filing an election petition, thus the summons must be dismissed.
Court Disposition
summons dismissed
Full Case Text
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