High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ, KIEFEL, BELL, GAGELER, KEANE, NETTLE AND GORDON JJ
ANTHONY JOHN MURPHY & ANOR PLAINTIFFS
AND
ELECTORAL COMMISSIONER & ANOR DEFENDANTS
Murphy v Electoral Commissioner [2016] HCA 36 Date of Order: 12 May 2016 Date of Publication of Reasons: 5 September 2016 M247/2015
ORDER
The questions stated by the parties in the amended special case dated 1 April 2016, as amended by the addendum to the amended special case dated 11 May 2016, and referred for consideration by the Full Court be answered as follows:
Question 1
Do one or both of the first plaintiff and the second plaintiff have standing to seek the relief sought in paragraphs 1, 2, 3 and/or 4 of the Further Amended Application for an Order to Show Cause?
Answer
The second plaintiff has standing and it is otherwise unnecessary to answer the question with respect to the first plaintiff.
Question 2
Are any or all of sections 94A(4), 95(4), 96(4), 102(4), 103A(5), 103B(5) and 118(5) of the Commonwealth Electoral Act 1918 (Cth) contrary to ss 7 and 24 of the Constitution and therefore invalid?
Answer
No.
Question 3
If the answer to Question 2 in relation to a section is yes, do sections 152(1)(a) and 155 of the Act have the same or substantially the same operation or effect as the impugned provisions or any of them and, if so, are sections 152(1)(a) and 155 invalid and of no effect?
Answer
The question does not arise.
Question 4
If the answer to Question 2 or Question 3 in relation to a section is yes, is that section, or are those sections, severable from the rest of the Act?
Answer
The question does not arise.
Question 5
What if any relief should be granted?
Answer
None.
Question 6
Who should pay the costs of the special case?
Answer
The first plaintiff.
Representation
R Merkel QC, B K Lim and C J Tran for the plaintiffs (instructed by King & Wood Mallesons)
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