Hudson v Entsch [2005] FCA 300

Hudson v Entsch [2005] FCA 300

Substantial parts of the petition do not plead or particularise essential facts establishing misconduct by the successful candidate or others with his knowledge or authority and fail to plead that the election result was likely affected or that it would be just to void the election; accordingly, those parts must be struck out, and only allegations in paragraphs 9-11 relating to the encouragement to knock down signs may proceed to hearing.

Jurisdiction
Australia
Judgment Date
14 March 2005
Procedural Posture
Petition Disputing Election (court of Disputed Returns) / Application to Strike Out Parts of Petition; Interlocutory Order
Outcome
Application to strike out parts of petition granted in part; proceeding on limited grounds
Legal Topics
['electoral Petition' 'bribery and Undue Influence' 'strike Out Application']
['election Law' 'administrative Law'] ['electoral Petition' 'bribery and Undue Influence' 'strike Out Application']

Case Brief

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Procedural Posture

Petition Disputing Election (court of Disputed Returns) / Application to Strike Out Parts of Petition; Interlocutory Order

Legal Issues

  1. 1 ['Whether the petition discloses sufficient grounds to invalidate the election under sections 326 and 327 of the Commonwealth Electoral Act 1918 (Cth)' 'Whether the petition satisfies the particularity requirements of section 355(aa) of the Commonwealth Electoral Act 1918 (Cth)' 'Whether parts of the petition should be struck out for want of proper allegation against the first respondent']

Ratio Decidendi

Substantial parts of the petition do not plead or particularise essential facts establishing misconduct by the successful candidate or others with his knowledge or authority and fail to plead that the election result was likely affected or that it would be just to void the election; accordingly, those parts must be struck out, and only allegations in paragraphs 9-11 relating to the encouragement to knock down signs may proceed to hearing.

Court Disposition

Application to strike out parts of petition granted in part; proceeding on limited grounds

Orders

  • ['Paragraphs 1-8 of the petition filed 18 February 2005 struck out' 'Paragraphs 12-31 of the petition filed 18 February 2005 struck out' 'Further proceedings in connection with the petition limited to paragraphs 9-11 thereof']