Evans v Crichton-Browne [1981] HCA 14

Evans v Crichton-Browne [1981] HCA 14

Section 161 (e) of the Commonwealth Electoral Act 1918 does not apply to untrue or incorrect statements that affect an elector's formation of political judgment or choice of candidate; it applies to statements intended or likely to mislead or improperly interfere with the elector in or in relation to the process of recording or expressing that choice by voting. The statements complained of in the petitions concerned political judgment and therefore were not capable as a matter of law of constituting the illegal practice described in s. 161 (e). Paragraph 30 of Mr. Evans' petition also failed to set out the facts relied on as required by s. 185 (a) and could not be amended after the filing...

Jurisdiction
Australia
Procedural Posture
Election Petitions in the High Court Sitting as the Court of Disputed Returns / Cases Stated on Questions of Law
Outcome
The questions in the cases stated were answered against the petitioners on the decisive s. 161 (e) issue; the matters were remitted to a Justice of the Court and each petitioner was ordered to pay the respondent's costs of the Case Stated.
Legal Topics
['court of Disputed Returns' 'election Petitions' 'illegal Practices' 'electoral Advertisements' 'misleading or Incorrect Electoral Statements' 'construction of S. 161 (e) of the Commonwealth Electoral Act 1918' 'time Bar and Amendment of Election Petition']
['electoral Law'] ['court of Disputed Returns' 'election Petitions' 'illegal Practices' 'electoral Advertisements' 'misleading or Incorrect Electoral Statements' 'construction of S. 161 (e) of the Commonwealth Electoral Act 1918' 'time Bar and Amendment of Election Petition']

Case Brief

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Procedural Posture

Election Petitions in the High Court Sitting as the Court of Disputed Returns / Cases Stated on Questions of Law

Legal Issues

  1. 1 ["Whether s. 161 (e) of the Commonwealth Electoral Act 1918 applies to untrue or incorrect statements intended or likely to influence an elector's political judgment or choice of candidate." 'Whether the statements complained of were capable as a matter of law of being found to be of a kind prohibited by s. 161 (e).' "Whether par. 30 of Mr. Evans' petition complied with s. 185 (a) and could be amended after the time limit in s. 185 (e)." 'Whether s. 161 (e) applies to electoral advertisements broadcast on radio or television.' 'Whether newspaper articles that were apparently not advertisements in the narrow sense came within s. 161 (e).']

Ratio Decidendi

Section 161 (e) of the Commonwealth Electoral Act 1918 does not apply to untrue or incorrect statements that affect an elector's formation of political judgment or choice of candidate; it applies to statements intended or likely to mislead or improperly interfere with the elector in or in relation to the process of recording or expressing that choice by voting. The statements complained of in the petitions concerned political judgment and therefore were not capable as a matter of law of constituting the illegal practice described in s. 161 (e). Paragraph 30 of Mr. Evans' petition also failed to set out the facts relied on as required by s. 185 (a) and could not be amended after the filing...

Court Disposition

The questions in the cases stated were answered against the petitioners on the decisive s. 161 (e) issue; the matters were remitted to a Justice of the Court and each petitioner was ordered to pay the respondent's costs of the Case Stated.

Orders

  • ['Evans v. Crichton-Browne Question 1: The petition is insufficient in law.' 'Evans v. Crichton-Browne Question 2: No.' 'Evans v. Crichton-Browne Question 3: No.' 'Evans v. Crichton-Browne Question 4: Unnecessary to answer.' 'Evans v. Crichton-Browne Question 5: Unnecessary to answer.' 'Evans v. Crichton-Browne:...