High Court Voids Western Australian Senate Election; New Poll Looms

Feb 18, 2014

The High Court, sitting as the Court of Disputed Returns, has declared void last year’s Senate election in Western Australia, necessitating a new election by May.

Justice Hayne ruled that 1,370 electors were denied a vote as a consequence of the Australian Electoral Commission losing their ballot papers.

The Court ruled that it was precluded by the Commonwealth Electoral Act from considering the results of earlier scrutinies of the lost ballot papers. It found that it was inevitable that the loss probably affected the result of the election since the number of ballot papers lost far exceeded the margin between the candidates at the crucial stages in the count.

“The only relief appropriate is for the election to be declared void,” the Court said.

It is now up to the federal government to decide when the new election will be held. Whilst the writs for Senate elections are issued by state Governors, this is usually done on the advice of the Governor-General.

There must be 33 days between the issue of the writ and polling day which means an election will be held between late-March and mid-May. The government may not desire a Senate election around the time of the May Budget so April seems most likely.

Statement from the High Court.

THE AUSTRALIAN ELECTORAL COMMISSION v JOHNSTON & ORS

WANG v JOHNSTON & ORS

MEAD v JOHNSTON & ORS

[2014] HCA 5

Today the High Court, sitting as the Court of Disputed Returns, answered questions of law arising in three petitions which dispute the election of six senators for the State of Western Australia to serve in the Senate of the Parliament of the Commonwealth. [Read more…]

Filed Under: 2013 Federal Election, AEC, High Court, Senate Tagged With: , , ,

High Court Throws Out NSW Election Donation Laws; Victory For Unions And Corporations

Dec 18, 2013

The High Court has upheld a challenge to New South Wales’s election donation laws.

The challenge was brought by Unions NSW to the changes legislated by the O’Farrell government in 2012.

The effect of the challenge is to invalidate the changes and make it legal for unions and corporations to donate to political parties. Money spent on election advertising by unions affiliated to the ALP will now not be included in the ALP’s expenditure limits. [Read more…]

Filed Under: Election Funding, Greens, High Court, N.S.W. Tagged With: , , , ,

High Court Invalidates ACT Same-Sex Marriage Law; Decision Unanimous

Dec 12, 2013

The High Court has thrown out the Australian Capital Territory’s same-sex marriage law.

In a strikingly definitive decision, the Justices voted 6-0 to invalidate the ACT’s Marriage Equality (Same Sex) Act 2013 (ACT). They said: “The whole of the ACT Act is of no effect.”

The court found that the whole of the ACT Act is inconsistent with the Commonwealth’s Marriage Act 1961 (Cth).

The court found that the Commonwealth has the power under Section 51(xxi) of the Constitution to define marriage. The Marriage Act (1961) was amended by the Howard government to define marriage as solely between a man and a woman. Today’s decision permits that definition to include same-sex couples.

Politically, the High Court’s decision upholds the Commonwealth’s power under Section 51. It denies states and territories the power to legislate for same-sex marriages but clears the way for the Commonwealth to do so. Whilst proponents of “marriage equality” may be disappointed with the decision, in fact it also removes a potential challenge to any future decision of the Commonwealth Parliament to legalise same-sex marriage. The next step lies in the hands of the government, the House of Representatives and the Senate.

Statement from the High Court of Australia.

THE COMMONWEALTH OF AUSTRALIA v THE AUSTRALIAN CAPITAL TERRITORY [2013] HCA 55

Today the High Court decided unanimously that the Marriage Equality (Same Sex) Act 2013, enacted by the Legislative Assembly for the Australian Capital Territory, cannot operate concurrently with the federal Marriage Act 1961. The Court held that the federal Parliament has power under the Australian Constitution to legislate with respect to same sex marriage, and that under the Constitution and federal law as it now stands, whether same sex marriage should be provided for by law is a matter for the federal Parliament. [Read more…]

Filed Under: A.C.T., High Court, Legislation Tagged With: , , ,

Would A Double Dissolution In Early 2014 Be Unconstitutional?

May 25, 2013

Tony Abbott has made it clear that the first legislative act of his government after September 14 will be to introduce legislation to repeal the carbon tax.  The mining tax is also up for repeal.

The obstacle in Abbott’s path is the composition of the Senate.  Until July 1 next year, the balance of power in the Senate remains with the Australian Greens.  Without the support of their 9 senators, neither the ALP (31 senators) nor the coalition (34 senators) can command the 39 votes needed to win a vote.

Abbott and his shadow ministers have made it clear that they are prepared to call a double dissolution election if the Senate rejects their legislation.  This can take place if the requirements of Section 57 of the Constitution are met. [Read more…]

Filed Under: 2013 Federal Election, Audio, Double Dissolutions, Governor-General, Liberal Party, Opinion Tagged With: , , , , ,
Next Page »