Zaiter v Ruddock [2021] NSWSC 880

Zaiter v Ruddock [2021] NSWSC 880

Clause 26.1.4 applies to the postponed 4 September 2021 City of Parramatta local government election because, construed at the time of its insertion and in the statutory context of the Local Government Act 1993 (NSW), "the local government elections to be held in 2020" identified the scheduled ordinary elections as a specific event capable of postponement; postponement did not cancel or replace that event. Clause 21.6.4(2) does not prevent State Executive from exercising cl 21.6.4(1) where no relevant LGC exists, because the consultation requirement has no operation in the absence of a relevant LGC, although consultation is mandatory where such an LGC exists.

Jurisdiction
Australia
Judgment Date
21 July 2021
Procedural Posture
Equity Duty List Proceedings Concerning Construction of the Constitution of the Liberal Party of Australia NSW Division in a Local Government Preselection Dispute / Urgent Hearing on Amended Summons; Form of Relief and Costs Deferred
Outcome
The Court concluded that cl 26.1.4 may be used by State Executive to endorse candidates for the Forthcoming Elections in the City of Parramatta while there is no LGC, and that cl 21.6.4(2) does not prevent exercise of cl 21.6.4(1) where no relevant LGC exists; argument on declarations, other relief and costs was...
Legal Topics
['construction of Political Party Constitution' 'local Government Candidate Selection and Endorsement' 'preselection Disputes' 'postponement of Local Government Elections' 'urgent Endorsement Procedures']
['associations and Clubs' 'political Parties' 'equity' 'election Law'] ['construction of Political Party Constitution' 'local Government Candidate Selection and Endorsement' 'preselection Disputes' 'postponement of Local Government Elections' 'urgent Endorsement Procedures']

Case Brief

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Procedural Posture

Equity Duty List Proceedings Concerning Construction of the Constitution of the Liberal Party of Australia NSW Division in a Local Government Preselection Dispute / Urgent Hearing on Amended Summons; Form of Relief and Costs Deferred

Legal Issues

  1. 1 ['Whether cl 26.1.4 of the Constitution, referring to local government elections to be held in 2020, may be used by State Executive to endorse candidates for the City of Parramatta local government election postponed to 4 September 2021 where there is no LGC.' 'Whether cl 21.6.4(2) prevents State Executive from exercising powers under cl 21.6.4(1) for a local government area where no relevant LGC exists.' 'Whether consultation with a relevant LGC under cl 21.6.4(2), if there is one, is a mandatory requirement before State Executive exercises its powers under cl 21.6.4(1).']

Ratio Decidendi

Clause 26.1.4 applies to the postponed 4 September 2021 City of Parramatta local government election because, construed at the time of its insertion and in the statutory context of the Local Government Act 1993 (NSW), "the local government elections to be held in 2020" identified the scheduled ordinary elections as a specific event capable of postponement; postponement did not cancel or replace that event. Clause 21.6.4(2) does not prevent State Executive from exercising cl 21.6.4(1) where no relevant LGC exists, because the consultation requirement has no operation in the absence of a relevant LGC, although consultation is mandatory where such an LGC exists.

Court Disposition

The Court concluded that cl 26.1.4 may be used by State Executive to endorse candidates for the Forthcoming Elections in the City of Parramatta while there is no LGC, and that cl 21.6.4(2) does not prevent exercise of cl 21.6.4(1) where no relevant LGC exists; argument on declarations, other relief and costs was...

Orders

  • ['On 1 July 2021, the Court ordered that the Liberal Party of Australia (NSW Division) be removed as the defendant.' 'On 1 July 2021, the Court ordered that Phillip Ruddock, Chris Stone, Penny George, Christopher Rath, Tobias Lehmann, Aileen MacDonald, Mary-Lou Jarvis and Matthew Camenzuli be joined as defendants.'...