Kelly v Campbell [2002] FCA 1125

FEDERAL COURT OF AUSTRALIA

Kelly v Campbell [2002] FCA 1125 ELECTIONS – Court of Disputed Returns – motion to strike out election petition - petition disputing validity of New South Wales half Senate election – validity disputed on several grounds – commission of NSW Governor not invalid – Governor able to issue writ for election because of validity of Australia Act 1986 (Cth) and Australia Act 1986 (UK) – alleged breaches of Senators' Election Act 1903 (NSW) in respect of dates fixed for certain events relevant to the running of the election – whether Court could be satisfied on the facts pleaded in the petition that any alleged contraventions would be likely to affect the result of the election WORDS & PHRASES – "likely to be affected" Commonwealth Electoral Act 1918 (Cth) ss 152, 155, 156, 352, 354, 355, 356, 358, 359, 360, 362, 363A, 364, 365, 368 Evidence Act 1995 (Cth) s 144 Australia Act 1986 (Cth) Australia Act 1986 (UK) Constitution Act 1902 (NSW), ss 5, 9A Constitution Act 1867 (Qld), s 53 Australia Acts (Request) Act 1985 (Qld) The Constitution s 9 Senators' Election Act 1903 (NSW) s 3, 4B, 4C

Sue v Hill (1999) 199 CLR 462, referred to Sykes v Australian Electoral Commission (1993) 115 ALR 645, followed Cole v Lacey (1965) 112 CLR 45, cited Nile v Wood (1988) 167 CLR 133, referred to Crouch v Ozanne (1910) 12 CLR 539, considered Webster v Deahm (1993) 116 ALR 223, considered Sharples v Arnison [2001] QCA 518, followed NED KELLY v GEORGE CAMPBELL & ORS N499 of 2002

MADGWICK J 11 SEPTEMBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

SITTING AS THE COURT OF DISPUTED RETURNS N499 of 2002

NEW SOUTH WALES DISTRICT REGISTRY

BETWEEN: NED KELLY

PETITIONER

AND: GEORGE CAMPBELL

FIRST RESPONDENT

HELEN COONAN

SECOND RESPONDENT

KERRY NETTLE