Babet & Anor v Commonwealth of Australia; Palmer v Commonwealth of Australia

[2025] HCATrans 7

[2025] HCATrans 007

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B73 of 2024

B e t w e e n -

RALPH BABET

First Plaintiff

NEIL FAVAGER

Second Plaintiff

and

COMMONWEALTH OF AUSTRALIA

Defendant

Office of the Registry
  Brisbane  No B74 of 2024

B e t w e e n -

CLIVE FREDERICK PALMER

Plaintiff

and

COMMONWEALTH OF AUSTRALIA

Defendant

GAGELER CJ
EDELMAN J
STEWARD J
JAGOT J
BEECH‑JONES J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 12 FEBRUARY 2025, AT 10.02 AM

Copyright in the High Court of Australia

____________________

GAGELER CJ:   These special cases were heard in Canberra on 7 February 2025 by a Court constituted by Justices Gordon, Edelman, Steward, Gleeson, Jagot, Beech‑Jones and me.  The orders of the Court are:

In matter B73/2024, the questions stated for the opinion of the Full Court in the special case filed on 14 January 2025 be answered as follows:

1.Is section 135(3) of the Commonwealth Electoral Act 1918 (Cth) invalid, in whole or in part, on the ground that it impairs the direct choice by the people of Senators and Members of the House of Representatives, contrary to sections 7 and 24 of the Constitution?

Answer:No.

2.Is section 135(3) of the Act invalid, in whole or in part, on the ground that it impermissibly discriminates against candidates of:

1.        A political party that has deregistered voluntarily; or

2.        A Parliamentary party that has deregistered voluntarily?

Answer:          No.

3.Is section 135(3) of the Act invalid, in whole or in part, on the ground that it infringes the implied freedom of political communication?

Answer:No.

4.In light of the answers to questions 1 to 3, what relief, if any, should issue?

Answer:None.

5.Who should pay the costs of and incidental to this special case?

Answer:          The plaintiffs.

In matter B74/2024, the questions stated for the opinion of the Full Court in the special case filed on 14 January 2025 be answered as follows:

1.Is section 135(3) of the Commonwealth Electoral Act 1918 (Cth) invalid, in whole or in part, on the ground that it impairs the direct choice by the people of Senators and Members of the House of Representatives, contrary to sections 7 and 24 of the Constitution?

Answer:          No.

2.Is section 135(3) of the Act invalid, in whole or in part, on the ground that it impermissibly discriminates candidates of:

1.        A political party that has deregistered voluntarily; or

2.        A Parliamentary party that has deregistered voluntarily?

Answer:          No.

3.Is section 135(3) of the Act invalid, in whole or in part, on the ground that it infringes the implied freedom of political communication?

Answer:          No.

4.In light of the answers to questions 1 to 3, what relief, if any, should issue?

Answer:          None.

5.Who should pay the costs of and incidental to this special case?

Answer:          The plaintiff.

I publish those orders.  The Court will publish its reasons for those orders in due course.

AT 10.05 AM THE MATTER WAS CONCLUDED