Perkins v Cusack [1930] HCA 3

Perkins v Cusack [1930] HCA 3

The petitioner failed to prove ballot tampering beyond reasonable doubt, and, by operation of ss 190 and 112(3) of the Commonwealth Electoral Act 1918-1928, the Court cannot inquire into or admit evidence challenging the correctness of the electoral Roll; electors' rights are conclusively established by the Roll, unless prescribed questions under s 115 reveal ineligibility, which was not shown here.

Parties
Petitioner: John Arthur Perkins; Respondent: John Joseph Cusack; Other: Chief Electoral Officer
Jurisdiction
Australia
Procedural Posture
Election Petition / Court of Disputed Returns, Final Judgment
Outcome
petition dismissed
Legal Topics
Parliamentary Elections, Ballot Tampering, Electoral Roll Conclusive Evidence, Admissibility of Evidence, Absent Voting, Costs
Electoral Law Parliamentary Elections Ballot Tampering Electoral Roll Conclusive Evidence Admissibility of Evidence Absent Voting Costs

Case Brief

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Parties

John Arthur Perkins

Petitioner

John Joseph Cusack

Respondent

Chief Electoral Officer

Other

Procedural Posture

Election Petition / Court of Disputed Returns, Final Judgment

Legal Issues

  1. 1 Whether ballot-papers had been tampered with to affect the outcome of the election.
  2. 2 Whether the Court can inquire into the correctness of an electoral Roll under the Commonwealth Electoral Act 1918-1928.
  3. 3 Whether evidence is admissible to prove certain electors were not entitled to vote based on their place of living.

Ratio Decidendi

The petitioner failed to prove ballot tampering beyond reasonable doubt, and, by operation of ss 190 and 112(3) of the Commonwealth Electoral Act 1918-1928, the Court cannot inquire into or admit evidence challenging the correctness of the electoral Roll; electors' rights are conclusively established by the Roll, unless prescribed questions under s 115 reveal ineligibility, which was not shown here.

Court Disposition

petition dismissed

Orders

  • The petitioner to pay to John Joseph Cusack and to the Chief Electoral Officer their costs respectively of this petition.
  • The Principal Registrar to forward to the Clerk of the House of Representatives a copy of the order of the Court on this petition.