Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mulholland v Australian Electoral Commission [2012] FCAFC 136 Citation: Mulholland v Australian Electoral Commission [2012] FCAFC 136
Appeal from: Mulholland v Australian Electoral Commission [2011] AATA 879
Parties: JOHN MULHOLLAND v AUSTRALIAN ELECTORAL COMMISSION and ANTHONY ZEGENHAGEN
File number: VID 13 of 2012
Judges: JACOBSON, COWDROY & FLICK JJ
Date of judgment: 19 September 2012
Catchwords: STATUTES – Commonwealth Electoral Act 1918 – appeal from decision of Administrative Appeals Tribunal – Tribunal affirming decision of Electoral Commission to register change of registered officer of a political party – appellant disputing that registered officer was validly elected – appellant seeking declaration that appellant should be recorded as registered officer – appellant challenging decision of Tribunal to join registered officer to Tribunal proceedings – majority of appellant's grounds of appeal challenge Tribunal findings of fact – Court restricted to considering errors of law – appeal dismissed PRACTICE AND PROCEDURE – whether fresh evidence should be admitted
Legislation: Administrative Appeals Tribunal Act 1975 (Cth), ss 39, 44 Commonwealth Electoral Act 1918 (Cth), ss 123, 124, 125, 126, 134 Federal Court of Australia Act 1976 (Cth), s 27
Cases cited: Brown v Repatriation Commission [2006] FCA 914 Devries v Australian National Railways Commission (1993) 177 CLR 472 Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 Guss v Johnstone [2000] FCA 1455 Mandic v Phillis (2005) 225 ALR 760 McDonald v McDonald (1960) 113 CLR 529 John Mulholland v Australian Electoral Commission and Anthony Zegenhagen [2011] AATA 717 Mulholland v Australian Electoral Commission and Mr Anthony Zegenhagen [2011] AATA 879 Orr v Holmes (1948) 76 CLR 632 Re Refugee Review Tribunal; Ex parte H (2001) 179 ALR 425 Shedden v Patrick (1869) LR 1 HL Sc 470 Shi v Migration Agents Registration Authority (2008) 235 CLR 286 Turnbull v Durval [1902] AC 429 Wollongong Corporation v Cowan (1955) 93 CLR 435
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