Dent v Australian Electoral Commissioner [2008] FCAFC 111

FEDERAL COURT OF AUSTRALIA

Dent v Australian Electoral Commissioner [2008] FCAFC 111

ELECTIONS – electoral Roll – whether a person registered as an itinerant elector under s 96 of the Commonwealth Electoral Act 1981 (Cth) may be eligible to make a request under s 104 that that person's address not be shown on the electoral Roll

Commonwealth Electoral Act 1981 (Cth) ss 57, 83, 90A, 90B, 93A, 96, 101, 102, 104, 166, 184A, 387 Electoral and Referendum Regulations 1940 (Cth), reg 12(1), 12(2) Howard v Australian Electoral Commission [2000] FCA 1767 cited Jess v Scott (1986) 12 FCR 187 applied QAAH v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 9 applied Peczalski v Comcare (1999) 58 ALD 697 cited Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 cited ARTHUR DENT v AUSTRALIAN ELECTORAL COMMISSIONER and DARYL WIGHT

VID 52 of 2008 VID 269 of 2008 VID 271 of 2008

FRENCH, TAMBERLIN & MANSFIELD JJ

19 JUNE 2008

ADELAIDE (HEARD IN MELBOURNE) IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 52 of 2008 VID 269 of 2008 VID 271 of 2008

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: ARTHUR DENT

Appellant/Applicant

AND: AUSTRALIAN ELECTORAL COMMISSIONER

First Respondent

DARYL WIGHT

Second Respondent

JUDGES: FRENCH, TAMBERLIN & MANSFIELD JJ

DATE OF ORDER: 19 JUNE 2008

WHERE MADE: ADELAIDE (HEARD IN MELBOURNE)

THE COURT ORDERS THAT:

1. The appeal from the orders of the Court made on 14 December 2007 be dismissed. 2. The application for an extension of time within which to appeal from the costs order made by the Court on 1 November 2007 be refused. 3. The application for an extension of time within which to appeal from the decision of the Administrative Appeals Tribunal made on 23 November 2007 is granted, limited to the issue as to whether the Administrative Appeals Tribunal erred in law in deciding that the applicant, having been enrolled on the Roll in the name Arthur Langer under s 96 of the Commonwealth Electoral Act 1981 (Cth), was not eligible to make a request under s 104 of that Act for his address not to be shown on the Roll and time to institute the appeal is extended to 19 June 2008. 4. The appeal on the issue identified in Order 3 hereof be heard instanter and the appeal be taken to have been instituted by the document entitled "Notice of Appeal" filed on 25 January 2008 with effect from 19 June 2008, subject to: (a) the first and second respondents within 14 days may make such further written submissions in answer to the applicant's submissions on the issue as they may be advised; (b) the applicant within a further 14 days may make such written submissions in reply to any such further submissions of the respondents as he may be advised; and judgment on the appeal referred to in Orders 3 and 4 hereof is otherwise reserved. 5. The first and second respondents within 14 days may make such written submissions on the costs of the appeal and of the applications as they may be advised. 6. The applicant may within a further 14 days make such written submissions on the costs of the appeal and of the applications as he may be advised. 7. The costs of the appeal and of the two applications and of the appeal for which leave has been given by Order 3 hereof be reserved to the date when judgment on the appeal referred to in Orders 3 and 4 hereof is otherwise reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA