Clampett v Kerslake (Electoral Commissioner of Queensland)

In this case, the applicant, Clampett, sought to appeal the decision of the primary judge, who refused to grant statutory and judicial review of the Electoral Commissioner of Queensland's decision to allow the 2009 Queensland state election to proceed. The applicant contended that certain sections of the Electoral Act 1992 (Qld) were inconsistent with the Commonwealth Constitution, specifically that s 85(1) of the Electoral Act 1992 (Qld) is inconsistent with s 115 of the Commonwealth Constitution, as it authorises the use of paper money, coins that are not silver or gold coins, and bank cheques. The applicant argued that these provisions were not authorised by s 51 of the Commonwealth Constitution. This argument had already been authoritatively rejected in previous cases brought by the applicant.

The court was required to determine whether the applicant should be given leave to appeal the primary judge's refusal to grant statutory and judicial review under s 48(5) of the Judicial Review Act 1991 (Qld). The court considered the relevant case law and statutes, including the previous cases in which the applicant had brought similar claims, and found that the applicant's arguments were without merit. The court held that the applicant's claims were an abuse of process and that there was no reasonable prospect of success on appeal.

The court ultimately dismissed the application for leave to appeal and ordered that the notice of appeal be struck out. The court also ordered that the applicant pay the respondent's costs of and incidental to the proceeding in this Court, on the indemnity basis. The court found that the applicant's claims were frivolous and vexatious, and that the appeal should not be allowed to proceed. The court held that the Electoral Commissioner's decision to allow the 2009 Queensland state election to proceed was valid and that the applicant had no grounds for appeal.