Cusack, Patrick Leo v Australian Electoral Commissioner [1984] FCA 400

CATCHWORDS

ADMINISTRATIVE LAW - applicant seeking review of decision not to accept applicant's nomination for House

of Representatives Election unless accompanied by deposit of $250.00 - decision in accordance with precise terms of Commonwealth Electoral Act 1918 - provisions of Act said to be in conflict with Magna Carta and therefore invalid - no error of law.

Administrative Decisions(Judicial Review) Act 1977 Commonwealth Electoral Act 1918 ss.170, 172, 173, 327

PATRICK LEO CUSACK v. AUSTRALIAN ELECTORAL COMMISSIONER

QLD G122 OF 1984

SPENDER J. BRISBANE 6 NOVEMBER 1984

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G122 of 1984 GENERAL DIVISION )

BETWEEN : PATRICK LEO CUSACK

Applicant AND: AUSTRALIAN ELECTORAL COMMISSIONER

Respondent

DATE OF HEARING: 6 NOVEMBER 1984

DATE JUDGMENT DELIVERED: 6 NOVEMBER 1984

COUNSEL:

» for the applicant Mr Cusack in person.

. for the respondent Mr P. Bickford of Australian

Government Solicitor.

& November 1984

S. KIFT ASSOCIATE TO SPENDER J.

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G122 of 1984 GENERAL DIVISION ) BETWEEN :

PATRICK LEQ CUSACK

Applicant AND:

AUSTRALIAN ELECTORAL COMMISSIONER

Respondent ORDER JUDGE MAKING ORDER: SPENDER J. DATE OF ORDER: 6 NOVEMBER 1984 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. Application be dismissed.

2. The applicant pay the respondent's costs to be taxed, including reserved costs, if

any.

IN THE FEDERAL COURT OF AUSTRALIA ) QUBENSLAND DISTRICT REGISTRY ) QLD G122 of 1984 GENERAL DIVISTON )

BETWEEN: PATRICK LEO CUSACK

Applicant AND:

AUSTRALIAN ELECTORAL COMMISSIONER

Respondent

SPENDER J. 6 NOVEMBER 1984

REASONS FOR JUDGMENT

This is an application for an order of review under the

Administrative Decisions (Judicial Review) Act 1977 by Patrick

Leo Cusack.

The decision which he seeks to have reviewed is that