Tuffy v Vaughan & ors [2009] NSWADT 316

Tuffy v Vaughan & ors [2009] NSWADT 316

The Tribunal dismissed the application because the alleged website, logo and fridge magnet matters concerning Ms Vaughan and Mr Weate did not constitute relevant irregularities; the Greens website allegations concerning Ms Gill did not establish a breach capable of affecting the election; and although the unauthorised Gill poster was treated as an irregularity, there was no evidence or inherent likelihood that the absence of authorisation affected voter intention or rendered the Great Lakes Council election result uncertain. Even if other alleged matters were irregularities, separately or cumulatively they would not have rendered the election result uncertain under s 329 of the Local...

Jurisdiction
Australia
Judgment Date
29 April 2009
Procedural Posture
Application Under S 329 of the Local Government Act 1993 for Orders Dismissing Councillors From Civic Office / Decision After Hearing
Outcome
Application dismissed in respect of Mr Weate, Ms Vaughan and Ms Gill.
Legal Topics
['dismissal From Civic Office' 'election Irregularities' 'electoral Material' 'registration and Authorisation of Electoral Material' 'use of Council Logo' 'polling Day Material' 'website Electoral Material']
['local Government' 'election Law' 'administrative Law'] ['dismissal From Civic Office' 'election Irregularities' 'electoral Material' 'registration and Authorisation of Electoral Material' 'use of Council Logo' 'polling Day Material' 'website Electoral Material']

Case Brief

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Procedural Posture

Application Under S 329 of the Local Government Act 1993 for Orders Dismissing Councillors From Civic Office / Decision After Hearing

Legal Issues

  1. 1 ["Whether Ms Vaughan's website was electoral material distributed on election day requiring registration under cl 356M of the Local Government (General) Regulation 2005." "Whether Ms Vaughan's website required authorisation under cl 356G of the Local Government (General) Regulation 2005." "Whether the use of the council logo on Ms Vaughan's website contravened cl 356B(a) or otherwise constituted an election irregularity." "Whether Ms Vaughan's handing of a council fridge magnet to an elector on polling day constituted distribution of electoral material in breach of the Regulation." 'Whether the non-authorised poster displayed for Ms Gill at Green Point polling booth was an irregularity rendering the election result uncertain.' 'Whether references to Ms Gill on the Greens website contravened cl 356M, cl 356G or cl 356B(b) of the Regulation.' 'Whether any irregularity, separately or in combination, rendered the result of the 2008 Great Lakes Council election uncertain so as to justify dismissal from civic office under s 329 of the Local Government Act 1993.']

Ratio Decidendi

The Tribunal dismissed the application because the alleged website, logo and fridge magnet matters concerning Ms Vaughan and Mr Weate did not constitute relevant irregularities; the Greens website allegations concerning Ms Gill did not establish a breach capable of affecting the election; and although the unauthorised Gill poster was treated as an irregularity, there was no evidence or inherent likelihood that the absence of authorisation affected voter intention or rendered the Great Lakes Council election result uncertain. Even if other alleged matters were irregularities, separately or cumulatively they would not have rendered the election result uncertain under s 329 of the Local...

Court Disposition

Application dismissed in respect of Mr Weate, Ms Vaughan and Ms Gill.

Orders

  • ['The application in respect of Mr Weate, Ms Vaughan and Ms Gill is dismissed.']