| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
COURT OF DISPUTED RETURNS
S CI 2015 00338
| GERARD JOSEPH DONOHUE | Petitioner |
| v | |
| VICTORIAN ELECTORAL COMMISSION | Respondent |
---
JUDGE: | GARDE J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 26 February 2015 |
DATE OF JUDGMENT: | 24 March 2015 |
CASE MAY BE CITED AS: | Donohue v Victorian Electoral Commission |
MEDIUM NEUTRAL CITATION: | [2015] VSC 98 |
---
COURT OF DISPUTED RETURNS – Election petition – Abuse of process – Petition and statement of issues irrelevant or scandalous – Allegations in petition and statement of issues not proven – Petition not compliant with s 135(1)(a) of the Electoral Act 2002 (Vic) – Petition dismissed.
---
APPEARANCES: | Counsel | Solicitors |
| The petitioner appeared in person | ||
| For the Respondent | Ms K Evans of Counsel | Peter Stewart Victorian Government Solicitor Level 25, 121 Exhibition Street, Melbourne 3000 |
HIS HONOUR:
Introduction
Mr Gerard Joseph Donohue (‘the petitioner’) is an elector in the Victorian Legislative Assembly district of Gippsland South and in the Eastern Victoria Region of the Legislative Council. He attended at the Leongatha early voting centre on 27 November 2014 seeking access to the electoral writs issued for the general election in Victoria (‘the State general election’) to be conducted on 29 November 2014 (‘election day’).
On 21 November 2014, the petitioner had sought to make application by originating motion for an injunction from the Supreme Court of Victoria seeking to restrain the State general election from being held. On 27 November 2014, McMillan J refused to direct the Prothonotary to seal and accept the proposed originating motion for filing.
By a petition filed on 28 January 2015 (‘the petition’) in the Supreme Court of Victoria, acting as the Court of Disputed Returns for the purposes of the Electoral Act2002 (Vic) (‘the Act’), the petitioner seeks that the writs issued for the State general election in both the Legislative Council and the Legislative Assembly be produced in the Court, a declaration that the election is void and other relief.
Notice of the petition was given to each of the successful candidates in the State elections in which the petitioner was entitled to vote; that is, the successful candidates in the Eastern Victoria Region and the successful candidate in the Gippsland South district. At the return of the petition, the Victorian Electoral Commission (‘the Commission’) appeared to oppose the petition.
The petitioner requested that the Court recuse itself on the basis that the petitioner or an acquaintance had commenced or would commence a prosecution against the Court. This request was refused.
Statement of Issues
The petitioner set out his claims in a document entitled ’Statement of Issues‘ (‘the statement of issues’). In the same language as set out in the statement of issues, these claims were as follows:
1.The calling and conducting of the recent State election with invalid election writs.
2. The removal of Her Majesty Queen Elizabeth the Second, Her heirs and successors and subjects from statute law within the State of Western Australia.
Keep reading for free
Create a free CaseChat account to read Donohue v Victorian Electoral Commission and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2015] VSC 98
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the petition complied with the statutory requirements, and if not, whether the petition should be dismissed. The court had to consider whether the allegations in the petition were relevant and whether the petition was scandalous. The court also had to consider whether the petition was compliant with section 135(1)(a) of the Electoral Act 2002 (Vic).
The court found that the petition and statement of issues were not compliant with the statutory requirements, as they were not relevant and were scandalous. The court also found that the allegations in the petition were not proven. As a result, the court dismissed the petition, finding that it was not compliant with section 135(1)(a) of the Electoral Act 2002 (Vic). The court held that the petition was frivolous and an abuse of process, and therefore, it was not necessary to consider the other grounds of the petition.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.