In the matter of an application by Andrew Green for leave to issue a proceeding [2011] HCA 5

HIGH COURT OF AUSTRALIA

HAYNE J

IN THE MATTER OF AN APPLICATION BY ANDREW GREEN FOR LEAVE TO ISSUE A PROCEEDING

In the matter of an application by Andrew Green for leave to issue a proceeding

[2011] HCA 5

25 March 2011

S88/2011

ORDER

Leave to issue the proposed proceeding is refused.

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

In the matter of an application by Andrew Green for leave to issue a proceeding

High Court – Practice and procedure – Leave to issue proceeding – Application for order to show cause against Federal Court sitting as Court of Disputed Returns – Applicant's electoral petition dismissed by Court of Disputed Returns for failure to sufficiently set out facts relied upon to invalidate election as required by Commonwealth Electoral Act 1918 (Cth) ("Act"), ss 355(a) and 355(aa) – Whether application to show cause raises "real question to be determined".

Administrative law – Electoral law – Electoral petitions – Applicant's electoral petition alleged contraventions of ss 184(1), 326(1)(c) and 327(1) of Act and error by Divisional Returning Officer invalidated election – Whether conclusion of Court of Disputed Returns that electoral petition does not sufficiently set out facts relied upon to invalidate election as required by ss 355(a) and 355(aa) of Act attended by doubt.

Constitutional law (Cth) – Section 368 of Act provides that decisions of Court of Disputed Returns shall not be questioned in any way – Applicant contends s 368 of Act invalid – Whether question of validity arises.

Words and phrases – "real question to be determined".

Constitution, s 75(v).

Commonwealth Electoral Act 1918 (Cth), ss 184(1), 326(1)(c), 327(1), 352(1), 355(a), 355(aa), 358, 362, 368.

High Court Rules 2004, r 6.07.