Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Smith v Australian Electoral Commission [2008] FCA 953 PARLIAMENTARY ELECTIONS – Senate election – petition filed under s 355 of Commonwealth Electoral Act 1918 (Cth) claiming political party obtained registration from respondent by fraud or misrepresentation – whether petition complies with requirements of the Act – section 358 provides that no proceedings shall be had on the petition unless requirements of s 355 are complied with – petition does not contain necessary facts as required under s 355(a) – facts must raise matters by which the election is likely to be affected – section 355(e) requires petition to be filed within forty days – amendment to petition not available as forty day period has expired Commonwealth Electoral Act 1918 (Cth) ss 352, 355, 358, 360(1), 362 McClure v Australian Electoral Commission (1999) 163 ALR 734 cited Nile v Wood (1987-1988) 167 CLR 133 followed Robertson v Australian Electoral Commission (1993) 116 ALR 407 cited Rudolphy v Lightfoot (1999) 197 CLR 500 followed Sykes v Australian Electoral Commission (1993) 115 ALR 645 followed Webster v Deahm (1993)116 ALR 223 followed Wheeley v Australian Electoral Commission [2005] FCA 473 applied ROBERT ARTHUR SMITH v AUSTRALIAN ELECTORAL COMMISSION
NSD 616 of 2008
BENNETT J
27 JUNE 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 616 of 2008
BETWEEN: ROBERT ARTHUR SMITH
Petitioner
AND: AUSTRALIAN ELECTORAL COMMISSION
Respondent
JUDGE: BENNETT J DATE OF ORDER: 27 JUNE 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The petition is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 616 of 2008
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