In the matter of an application by Graham Freemantle for leave to issue a proceeding [2011] HCA 6
No question arises in this application which differs in any material respect from those that arose in Mr Green's application; accordingly, leave is refused for the reasons given in Mr Green's application.
- Parties
- Applicant: Graham Freemantle; Respondent: Ms Deborah O'Neill; Respondent: Australian Electoral Commission; Defendant: Judges of the Federal Court of Australia
- Jurisdiction
- Australia
- Judgment Date
- 25 March 2011
- Procedural Posture
- Application for Leave to Issue Proceeding / Application for Leave
- Outcome
- Leave to issue the proposed proceeding is refused.
- Legal Topics
- Leave to Issue Proceeding, Election Petition, Federal Court Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Graham Freemantle
Applicant
Ms Deborah O'Neill
Respondent
Australian Electoral Commission
Respondent
Judges of the Federal Court of Australia
Defendant
Procedural Posture
Application for Leave to Issue Proceeding / Application for Leave
Legal Issues
- 1 Whether leave should be granted to issue a proceeding when the issues raised mirror those in a previous application which was refused
- 2 Whether s 368 of the Commonwealth Electoral Act 1918 (Cth) is invalid
Ratio Decidendi
No question arises in this application which differs in any material respect from those that arose in Mr Green's application; accordingly, leave is refused for the reasons given in Mr Green's application.
Court Disposition
Leave to issue the proposed proceeding is refused.
Orders
- Leave to issue the proposed proceeding is refused.
Full Case Text
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