Mubarak v Australian Electoral Commission [2018] FCA 1089

FEDERAL COURT OF AUSTRALIA

Mubarak v Australian Electoral Commission [2018] FCA 1089 File number: WAD 312 of 2018

Judge: BARKER J

Date of judgment: 16 July 2018

Catchwords: ADMINISTRATIVE LAW – urgent application to have name included on ballot paper and list of nominated candidates for by-election – where less than 100 electors entitled to vote at the election for which the candidate was nominated signed nomination form – where no substantial compliance under s 172(2) of the Commonwealth Electoral Act 1918 (Cth) – application dismissed – no order as to costs

Legislation: Commonwealth Electoral Act 1918 (Cth) Pt XIV, ss 93(2), 162, 166, 170, 172, 175, 176 Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012 (Cth)

Cases cited: Noah v Campbell [2007] FMCA 2128

Date of hearing: 16 July 2018

Registry: Western Australia

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 42

Counsel for the Applicant: The Applicant appeared in person

Counsel for the Respondents: Mr PR Macliver

Solicitor for the Respondents: Australian Government Solicitor

ORDERS WAD 312 of 2018

BETWEEN: KIM MUBARAK Applicant

AND: AUSTRALIAN ELECTORAL COMMISSION First Respondent

MANDIE CUEVAS Second Respondent

JUDGE: BARKER J DATE OF ORDER: 16 JULY 2018

THE COURT ORDERS THAT:

1. The applicant's name be formally amended to be "Kim Mubarak". 2. The first respondent's name be formally amended to be the "Australian Electoral Commission". 3. Mandie Cuevas be added as second respondent. 4. The application be dismissed. 5. No order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.