Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Smith v Australian Electoral Commission [2009] FCAFC 43
CONSTITUTIONAL LAW – appeals – whether right of appeal from a judgment of the Federal Court, exercising the powers and functions of the Court of Disputed Returns – whether statutory prohibition on such appeals invalid – whether prohibition destroys the general rule that appeals lie to the High Court – whether operation of prohibition ameliorated by provisions enabling High Court to deal with important constitutional issues. Constitution ss 73, 73(ii), 76(ii), 77(i) Commonwealth Electoral Act 1918 (Cth) ss 351(1), 354, 354(1), 354(2), 354(3), 354(6), 355(e), 358, 363A, 368 Federal Court of Australia Act 1976 (Cth) ss 20, 24(1), 24(1)(a), s 25(1A), 33, 33(2) Judiciary Act 1903 (Cth) ss 15, 18, 40, 78B Federal Court Rules O 52 r 18 Arrowcrest Group Pty Ltd v Gill (1993) 46 FCR 90 cited Cockle v Isaksen (1957) 99 CLR 155 cited Nile v Wood (1988) 167 CLR 133 cited Sue v Hill (1999) 199 CLR 462 cited ROBERT ARTHUR SMITH v AUSTRALIAN ELECTORAL COMMISSION
NSD 1090 of 2008
GRAY, SIOPIS AND BUCHANAN JJ
1 APRIL 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1090 of 2008
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ROBERT ARTHUR SMITH
Appellant
AND: AUSTRALIAN ELECTORAL COMMISSION
Respondent
JUDGE: GRAY, SIOPIS AND BUCHANAN JJ
DATE OF ORDER: 20 NOVEMBER 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. 3. The Court reserves reasons for judgment. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.
IN THE FEDERAL COURT OF AUSTRALIA
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