Fidge v Municipal Electoral Tribunal

The parties in Fidge v Municipal Electoral Tribunal involved the applicant, Mr Fidge, who sought to challenge the countback procedures used to fill an extraordinary vacancy on a local council. The dispute was heard and determined by the Victorian Civil and Administrative Tribunal (VCAT), with an application for leave to appeal subsequently made to the Supreme Court. The central issue before the court was whether the countback procedures used to fill the vacancy infringed on the applicant's right to take part in public life, as guaranteed by the Charter of Human Rights and Responsibilities Act 2008.

The legal issues the court had to decide revolved around the interpretation and application of the Charter of Human Rights and Responsibilities Act, specifically section 32, which allows for the referral of questions concerning inconsistent interpretation to the Supreme Court. The applicant argued that the countback provisions, as outlined in the Local Government Act 1989, were contrary to the Charter and sought a declaration to that effect. The court was also required to determine whether VCAT had the statutory discretion to refer such questions to the Supreme Court under the Victorian Civil and Administrative Tribunal Act 1998, and whether the Tribunal's decision not to refer the questions was correct.

The court found that the Charter did not explicitly state that the right to take part in public life included a right to stand for election, and therefore, the countback provisions did not infringe upon that right. The court further held that VCAT did not have the statutory discretion to refer questions concerning the interpretation of the Charter to the Supreme Court, as this would require the amendment of the Charter itself. Consequently, the court dismissed the application for leave to appeal VCAT’s decision not to refer the questions to the Supreme Court.

No final orders were made in this appeal as the application for leave to appeal was dismissed.