Palmer v Australian Electoral Commission [2019] HCA 24

HIGH COURT OF AUSTRALIA

KIEFEL CJ, BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJ

CLIVE FREDERICK PALMER & ORS PLAINTIFFS

AND

AUSTRALIAN ELECTORAL COMMISSION & ORS DEFENDANTS

Palmer v Australian Electoral Commission [2019] HCA 24 Date of Order: 7 May 2019 Date of Publication of Reasons and Further Order: 14 August 2019 B19/2019

ORDER

Made on 7 May 2019:

The application is dismissed.

Made on 14 August 2019:

The plaintiffs pay the defendants' costs, being the costs that the defendants incurred up to and including the date that they filed their submitting appearance.

Representation

D F Jackson QC with L T Livingston and S J Chordia for the plaintiffs (instructed by Alexander Law)

Submitting appearance for the defendants

S P Donaghue QC, Solicitor-General of the Commonwealth, with G J D del Villar and S Zeleznikow for the Attorney-General of the Commonwealth, intervening (instructed by Australian Government Solicitor)

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

CATCHWORDS

Palmer v Australian Electoral Commission

Parliamentary elections (Cth) – House of Representatives – Counting of votes – Where s 274(2A)-(2C) of Commonwealth Electoral Act 1918 (Cth) provides for indicative two-candidate preferred count in each Division – Where s 7(3) of Commonwealth Electoral Act confers power on Australian Electoral Commission to do all things necessary or convenient for or in connection with performance of its functions – Where practice of Australian Electoral Commission to publish information about indicative two‑candidate preferred count for a Division after close of polls in that Division – Whether publication of information for a Division before polls closed in all parts of nation has any demonstrated effect on electoral choices – Whether information inaccurate or misleading – Whether publication constitutes imprimatur to any particular candidate or outcome – Whether publication authorised by s 7(3).