Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Schorel-Hlavka v Governor General [2001] FCA 1577
PRACTICE AND PROCEDURE – application for inquiry into upcoming federal parliamentary election – validity of election – Whether Federal Court has jurisdiction – Effect of sections 353 and 383 of the Commonwealth Electoral Act 1918 (Cth) Acts Interpretation Act 1901 (Cth) s 36(1)
Commonwealth Electoral Act 1918 (Cth) ss 353, 354, 383
Commonwealth of Australia Constitution Act 1900 (Cth) ss 12 and 32
Federal Court Rules 1979 Berrill v Hughes (1984) 59 ALJR 64
GERRIT HENDRIK SCHOREL-HLAVKAvTHE GOVERNOR GENERAL, THE GOVERNOR OF VICTORIA, THE GOVERNOR OF NEW SOUTH WALES, THE GOVERNOR OF SOUTH AUSTRALIA, THE GOVERNOR OF WESTERN AUSTRALIA, THE GOVERNOR OF QUEENSLAND AND THE GOVERNOR OF TASMANIA, THE COMMONWEALTH OF AUSTRALIA and THE AUSTRALIAN ELECTORAL COMMISSION V1145 OF 2001 MARSHALL J MELBOURNE 7 NOVEMBER 2001
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V1145 OF 2001
BETWEEN: GERRIT HENDRIK SCHOREL-HLAVKA
APPLICANT
AND: THE GOVERNOR GENERAL, THE GOVERNOR OF VICTORIA, THE GOVERNOR OF NEW SOUTH WALES, THE GOVERNOR OF SOUTH AUSTRALIA, THE GOVERNOR OF WESTERN AUSTRALIA, THE GOVERNOR OF QUEENSLAND AND THE GOVERNOR OF TASMANIA
FIRST RESPONDENTS
THE COMMONWEALTH OF AUSTRALIA
SECOND RESPONDENT
THE AUSTRALIAN ELECTORAL COMMISSION
THIRD RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 7 NOVEMBER 2001
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The application be dismissed.
2. The applicant pay the costs of the third respondent, such costs to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
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