Faderson v Bridger [1971] HCA 46

Faderson v Bridger [1971] HCA 46

The inability or refusal to express a preference among the candidates due to lack of approval is not a valid and sufficient reason for failing to vote; such a reason constitutes an open challenge to the essence of compulsory voting requirements under the Commonwealth Electoral Act, as established by the majority in Judd v. McKeon.

Jurisdiction
Australia
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['compulsory Voting' 'valid and Sufficient Reason for Not Voting' 'expression of Preference in Senate Elections']
['electoral Law'] ['compulsory Voting' 'valid and Sufficient Reason for Not Voting' 'expression of Preference in Senate Elections']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Is inability or unwillingness to express a preference amongst Senate candidates a valid and sufficient reason for failing to vote as required by law?']

Ratio Decidendi

The inability or refusal to express a preference among the candidates due to lack of approval is not a valid and sufficient reason for failing to vote; such a reason constitutes an open challenge to the essence of compulsory voting requirements under the Commonwealth Electoral Act, as established by the majority in Judd v. McKeon.

Court Disposition

appeal dismissed

Orders

  • ['Appeal dismissed with costs.']