Fabre v Ley [1972] HCA 65

Fabre v Ley [1972] HCA 65

A personal cheque does not satisfy the requirement in s. 73(c)(ii) for a 'banker's cheque'; only a cheque drawn by a bank is sufficient, and failure to deposit the correct sum in legal tender or banker's cheque invalidated the nomination. Section 73(c)(ii) is valid law within Parliament’s competence.

Jurisdiction
Australia
Procedural Posture
Civil / Full Court Referral and Judgment
Outcome
Plaintiff's nomination held invalid; s. 73(c)(ii) held valid law; no answer given as to jurisdiction.
Legal Topics
['nomination for Election' 'statutory Interpretation' 'validity of Electoral Law']
['constitutional Law' 'electoral Law'] ['nomination for Election' 'statutory Interpretation' 'validity of Electoral Law']

Case Brief

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Procedural Posture

Civil / Full Court Referral and Judgment

Legal Issues

  1. 1 ["Whether the plaintiff's nomination for election as a member of the House of Representatives was valid" "Whether the Court had jurisdiction to hear an action founded on the plaintiff's statement of claim" 'Whether s. 73(c)(ii) of the Commonwealth Electoral Act 1918-1966 is a valid law of the Commonwealth']

Ratio Decidendi

A personal cheque does not satisfy the requirement in s. 73(c)(ii) for a 'banker's cheque'; only a cheque drawn by a bank is sufficient, and failure to deposit the correct sum in legal tender or banker's cheque invalidated the nomination. Section 73(c)(ii) is valid law within Parliament’s competence.

Court Disposition

Plaintiff's nomination held invalid; s. 73(c)(ii) held valid law; no answer given as to jurisdiction.

Orders

  • ['Question 1: No.' 'Question 2: Not answered.' 'Question 3: Yes.']