Wheeley v The Australian Electoral Commissioner [2005] FCA 473

FEDERAL COURT OF AUSTRALIA

Wheeley v The Australian Electoral Commissioner [2005] FCA 473

Statutes Commonwealth Electoral Act 1918 ss 221(2), 355, 358, 240

Cases Gunter v Hollingworth [2002] FCA 943 Followed Langer v Commonwealth (1996) 186 CLR 302 Cited Muldowney v Australian Electoral Commission (1993) 178 CLR 34 Applied Robertson v Australian Electoral Commission (1993) 116 ALR 407 Cited Sykes v Australian Electoral Commission (1993) 115 ALR 645 Applied

DARRYL WHEELEY v THE AUSTRALIAN ELECTORAL COMMISSIONER, THE AUSTRALIAN ELECTORAL OFFICER QUEENSLAND, GARY HARDGRAVE, JAMES STEWART, and AUSTRALIAN ELECTORAL COMMISSION

QUD 45 OF 2005 KIEFEL J BRISBANE 21 APRIL 2005

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 45 OF 2005

SITTING AS THE COURT OF DISPUTED RETURNS

BETWEEN: DARRYL WHEELEY

PETITIONER

AND: THE AUSTRALIAN ELECTORAL COMMISSIONER

FIRST RESPONDENT

THE AUSTRALIAN ELECTORAL OFFICER QUEENSLAND

SECOND RESPONDENT

GARY HARDGRAVE

THIRD RESPONDENT

JAMES STEWART

FOURTH RESPONDENT

AUSTRALIAN ELECTORAL COMMISSION

FIFTH RESPONDENT

JUDGE: KIEFEL J

DATE OF ORDER: 21 APRIL 2005

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The petition be dismissed. 2. The petitioner pay the costs of the first, second and fifth respondents. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 45 OF 2005

SITTING AS THE COURT OF DISPUTED RETURNS

BETWEEN: DARRYL WHEELEY

PETITIONER

AND: THE AUSTRALIAN ELECTORAL COMMISSIONER

FIRST RESPONDENT

THE AUSTRALIAN ELECTORAL OFFICER QUEENSLAND