Muldowney v Australian Electoral Commission [1993] HCA 32

High Court of Australia Brennan A.C.J. Muldowney v Australian Electoral Commission [1993] HCA 32

ORDER Petition No. C9 of 1993 and Petition No. C10 of 1993 dismissed. No order as to costs.

Cur. adv vult.

Brennan A.C.J.delivered the following written judgment:—

25 June Brennan A.C.J.

Two petitions to the Court of Disputed Returns were filed in the Registry of the High Court by Patrick Kevin Muldowney, the petitioner. By s. 354(1) of the Commonwealth Electoral Act 1918 Cth ("the Act"), the High Court is appointed to be the Court of Disputed Returns and its jurisdiction is prescribed by Pt XXII of the Act. The first petition, identified as No. C9 of 1993, relates to the general election of members of the House of Representatives held on 13 March 1993 and the supplementary election for the Division of Dickson held on 17 April 1993. This petition seeks the following relief, inter alia:

1. A declaration that the whole general election for members of the House of Representatives, including the supplementary election for the Electoral Division of Dickson, was absolutely void and none of the candidates returned were duly elected.

2. Alternatively, declarations that so much of the general election as may have been affected by the matters referred to in this petition was void and that each of the candidates returned whose election or return may have been affected was not duly elected and the election and return in each corresponding Electoral Division was absolutely void.

The second petition, identified as No. C10 of 1993, relates to the election of six senators for the State of South Australia held on 13 March 1993. This petition seeks the following relief, inter alia:

1. A declaration that the whole election for six Senators for the State of South Australia was absolutely void and none of the candidates returned were duly elected.