Electoral Commissioner of Australian Electoral Commission v Wharton [2021] FCA 124

Federal Court of Australia

Electoral Commissioner of Australian Electoral Commission v Wharton [2021] FCA 124 File number: QUD 334 of 2020

Judgment of: LOGAN J

Date of judgment: 1 February 2021

Legislation: Commonwealth Electoral Act 1918 (Cth) ss 304, 309 Federal Court Rules 2011 (Cth) r 10.24

Cases cited: Combis (Trustee) v Spottiswood (2011) 123 ALD 40

Division: General Division

Registry: Queensland

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 3

Date of hearing: 1 February 2021

Solicitor for the Applicant: Maddocks

Solicitor for the Respondent: The Respondent did not appear

ORDERS QUD 334 of 2020

BETWEEN: THE ELECTORAL COMMISSIONER OF AUSTRALIAN ELECTORAL COMMISSION Applicant

AND: WAYNE MORRIS WHARTON Respondent

order made by: LOGAN J DATE OF ORDER: 1 FEBRUARY 2021

THE COURT ORDERS THAT:

1. Personal service of the originating application addressed to the Respondent be dispensed with. 2. The originating application and supporting affidavit be served on the Respondent as follows: (a) by posting the following documents (the Documents) by ordinary mail addressed to the Respondent at 161 – 181 Redwood Circuit, Glenlogan QLD 4280 (Address): (i) a covering letter; (ii) a copy of the order for substituted service, i.e. this order; and (iii) a sealed copy of the originating application and affidavit in support. (b) by sending a text message addressed to the Respondent on mobile number 0408 064 900 stating that an originating application addressed to him has been sent to or left at his Address; (c) by placing the Documents in an envelope addressed to the Respondent and handing the envelope to a person apparently over the age of 16 years apparently residing at the Address or, in the event that no such person is in attendance, by placing the envelope in the letter box at the Address. 3. Service of the originating application be deemed to be effected by 12 February 2021 if the events referred to in paragraph 2 occur by 11 February 2021. 4. The application be listed for further case management in Brisbane at 10:15am on 3 March 2021. The appearance that day is to be in person in Brisbane, subject to prevailing public health conditions and restrictions, unless otherwise advised to the parties beforehand by a Registrar. 5. The costs of this application be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.