Chapman, E.C. v. Dubs, R.V. & Ors [1987] FCA 41

CATCHWORDS

ADMINISTRATIVE LAW - The Australian National University - Election for office of Dean of the Faculty of Arts - Election

required by Statutes of the University - Method of election provided by rules made thereunder - Decisions by Returning Officer not to admit certain voting papers to the count - Ballot box containing empty sealed outer envelope and separate sealed inner envelope - Whether Returning Officer bound to conclude that two envelopes connected - Whether to have voting papers delivered by internal messengerial service was to "post" the papers within the meaning of the voting instructions - Voting papers not marked in accordance with voting instructions - Whether compliance with requirements mandatory - Whether declaration of poll involved a decision reviewable under the Administrative Decisions (Judicial Review) Act 1977 (Cth) - Whether irregularity in conduct of election by reason of Returning Officer sending to voters biographical material relating to the candidates.

Administrative Decisions (Judicial Review) Act 1977 (Cth), s.5

Australian National University Act 1946 (Cth), ss.4, 10, 23, 27, Faculties (The Faculties) Statute Faculty of Arts (The Faculties) Rules Membership of the Council Statute Membership of the Council Rules

EDWARD CHARLES CHAPMAN v. ROSALIND VIVIENNE DUBS & ORS.

No. ACT G 53 of 1986

Neaves J.

4 February 1987

Canberra

Pr te

128 + sags bey 168)

WERE AL CouRT BUSTRALIA OF

IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY

) ) ) ) No. ACT G 53 of 1986 ) ) )

GENERAL DIVISION

BETWEEN : EDWARD CHARLES CHAPMAN Applicant AND: ROSALIND VIVIENNE DUBS

First Respondent

THE AUSTRALIAN NATIONAL UNIVERSITY

Second Respondent

ROBERT CUSHING

Third Respondent

MINUTE OF ORDER

JUDGE MAKING ORDER Neaves J.

DATE OF ORDER

4 February 1987

WHERE MADE : Canberra