Electoral Commissioner of the Australian Electoral Commission v Laming (No 2) [2023] FCA 917

FEDERAL COURT OF AUSTRALIA

Electoral Commissioner of the Australian Electoral Commission v Laming (No 2) [2023] FCA 917 File number: QUD 443 of 2021

Judgment of: RANGIAH J

Date of judgment: 9 August 2023

Catchwords: PARLIAMENTARY ELECTIONS (CTH) – Commonwealth Electoral Act 1918 (Cth) – whether respondent contravened s 321D(5) by communicating electoral matter on a Facebook page without disclosure of his name and town or city – whether communications were of electoral matter – whether rebuttable presumption that matter is electoral matter is engaged – whether communications were for dominant purpose of influencing the way electors vote in a federal election – whether news or current affairs exception engaged – whether meeting exception engaged – respondent contravened s 321D(5) PECUNIARY PENALTIES – whether each Facebook post constituted only a single contravention or whether there was a contravention each time a post was read – where respondent deliberately disguised he was the author of one post – where respondent is no longer a member of the House of Representatives – where respondent cooperated by making admissions – where few persons viewed the posts – appropriate penalties determined EVIDENCE – Evidence Act 1995 (Cth) – whether expert reports inadmissible – whether reports irrelevant, unfairly prejudicial or result in undue waste of time – reports admitted into evidence EVIDENCE – where further expert reports produced during hearing – prejudice to applicant – reports not admitted into evidence PRACTICE AND PROCEDURE – application for leave to withdraw admissions – where respondent sought to withdraw admission during hearing – leave refused