Australian Electoral Commission v. Landy, B. & Ors [1994] FCA 1043

Australian Electoral Commission v. Landy, B. & Ors [1994] FCA 1043

Errors by election officers at two polling places excluded a substantial number of votes, such that the result of the election could have been affected; it is just and sufficient to declare the election void.

Parties
Petitioner: Australian Electoral Commission; First Respondent: Billy Landy; Second Respondent: Teddy Biljabu; Third Respondent: Allen Charles; Fourth Respondent: Colin Peterson; Fifth Respondent: Ken Farmer
Jurisdiction
Australia
Judgment Date
22 December 1994
Procedural Posture
Election Petition / Final Judgment
Outcome
election declared void; respondents not duly elected; costs ordered to petitioner
Legal Topics
Disputed Election, Errors Affecting Election Result, Aboriginal and Torres Strait Islander Commission Act
Administrative Law Electoral Law Disputed Election Errors Affecting Election Result Aboriginal and Torres Strait Islander Commission Act

Case Brief

Summary, issues, holding and outcome

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Parties

Australian Electoral Commission

Petitioner

Billy Landy

First Respondent

Teddy Biljabu

Second Respondent

Allen Charles

Third Respondent

Colin Peterson

Fourth Respondent

Ken Farmer

Fifth Respondent

Procedural Posture

Election Petition / Final Judgment

Legal Issues

  1. 1 Whether errors or omissions by election officers affected the result of the Regional Council election
  2. 2 Whether it is just and sufficient to declare the election absolutely void

Ratio Decidendi

Errors by election officers at two polling places excluded a substantial number of votes, such that the result of the election could have been affected; it is just and sufficient to declare the election void.

Court Disposition

election declared void; respondents not duly elected; costs ordered to petitioner

Orders

  • Each respondent was not duly elected.
  • The election held on 4 December 1994 for the Western Desert ward of the Warburton region is absolutely void.