Hansen v Australian Electoral Commission [2000] FCA 606

FEDERAL COURT OF AUSTRALIA

Hansen v Australian Electoral Commission [2000] FCA 606

ELECTIONS – Aboriginal and Torres Strait Islander Commission Act – Regional Council election – disputed election – motion to dismiss petition – whether alleged errors constitute illegal practices – whether facts alleged sufficient to establish that results of election likely to be affected – alleged errors occurred outside relevant region – no specific claim of number of voters affected or election margins – petition dismissed Aboriginal and Torres Strait Islander Commission Act 1989, s 27, s 91(1), s 100A, s 101, s 108, s 109, s 110, s 113(3), s 130(1), s 131, s 140 Commonwealth Electoral Act 1918, s 161(e), s 355(a), s 362(3), s 365

Whitby v Garlett [2000] FCA 245 followed Rudolphy v Lightfoot (1999) 167 ALR 105 applied Sykes v Australian Electoral Commission (1993) 115 ALR 645 applied Nile v Wood (1988) 167 CLR 133 applied Robertson v Australian Electoral Commission (1993) 116 ALR 407 referred Cole v Lacey (1964) 112 CLR 45 applied Pettit v Atkinson (1994) 50 FCR 174 referred Kean v Kerby (1920) 27 CLR 449 referred Yarran v Blurton (1992) 35 FCR 485 discussed Evans v Crichton-Browne (1981) 33 ALR 609 applied Shaw v Wolf (1998) 83 FCR 113 referred

GARY HANSEN v AUSTRALIAN ELECTORAL COMMISSION V 677 of 1999 KENNY J MELBOURNE 10 MAY 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 677 OF 1999

BETWEEN: GARY HANSEN

Petitioner

AND: AUSTRALIAN ELECTORAL COMMISSION

Respondent

JUDGE: KENNY J

DATE OF ORDER: 10 MAY 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The petition be dismissed. 2. The petitioner pay the respondent's costs of and incidental to the petition and the motion, notice of which is dated 29 February 2000, fixed in the amount of $6,000. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.