Getup Ltd v Electoral Commissioner

[2010] FCA 869

FEDERAL COURT OF AUSTRALIA

Getup Ltd v Electoral Commissioner [2010] FCA 869

Citation:		Getup Ltd v Electoral Commissioner [2010] FCA 869
Parties:		GETUP LTD and SOPHIE JESSICA TREVITT v ELECTORAL COMMISSIONER
File number(s):		NSD 917 of 2010
Judge:		PERRAM J
Date of judgment:		13 August 2010
Catchwords:		ELECTIONS – Enrolment – Electronic submission of enrolment claim – Enrolment claim digitally signed using an electronic device – Whether requirements of Electronic Transactions Act 1999 (Cth) satisfied – Whether enrolment claim was “in order” for purposes of s 102 Commonwealth Electoral Act 1918 (Cth)
Legislation:		Commonwealth Electoral Act 1918 (Cth) ss 93, 98AA, 98, 99, 101, 102, 336 Electronic Transactions Act 1999 (Cth) ss 6, 8, 10
Cases cited:		Goodman v J Eban [1954] 1 QBD 550 cited Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 cited
Date of hearing:	12 August 2010
Date of last submissions:	12 August 2010
Place:	Sydney
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	31
Counsel for the Applicants:	Mr J Kirk with Ms A Rao
Solicitor for the Applicants:	Marque Lawyers
Counsel for the Respondent:	Mr J Renwick
Solicitor for the Respondent:	Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 917 of 2010

BETWEEN:

GETUP LTD
First Applicant

SOPHIE JESSICA TREVITT
Second Applicant

AND:

ELECTORAL COMMISSIONER
Respondent

JUDGE:	PERRAM J
DATE OF ORDER:	13 AUGUST 2010
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The decision of the delegate made on 6 August 2010 be set aside.

2.The respondent pay the applicants’ costs.

AND THE COURT DECLARES THAT:

3.The second applicant’s claim lodged with the respondent on 22 July 2010 is “in order” for the purposes of s 102(1)(b) of the Commonwealth Electoral Act 1918 (Cth).

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 917 of 2010

BETWEEN:

GETUP LTD
First Applicant

SOPHIE JESSICA TREVITT
Second Applicant

AND:

ELECTORAL COMMISSIONER
Respondent

JUDGE:	PERRAM J
DATE:	13 AUGUST 2010
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This case concerns the Federal election to be held on Saturday next, 21 August 2010.  That election was announced by the Prime Minister on Saturday 17 July 2010.  On the Monday following that announcement the second applicant, Ms Trevitt, who had not previously been enrolled as a voter applied to the Electoral Commissioner (“the Commissioner”) to be enrolled in the electoral division of Grayndler.  The application was prepared using a laptop with access to the internet and with a device known as a digital pen which can be used on the laptop’s trackpad.

2. The laptop, which was provided to Ms Trevitt by an officer of the first applicant, Getup Ltd (“Getup”), was used by Ms Trevitt to access the world wide web and, in particular, to access a site maintained by Getup:…