FEDERAL COURT OF AUSTRALIA
Gunter v Hollingworth [2002] FCA 943
PARLIAMENTARY ELECTION (CTH) - Petition deputing election or return - House of Representatives - Court of Disputed returns - summons seeking dismissal of petition - whether petition within jurisdiction of Court of Disputed Returns - where petition not limited to particular Division - where petition challenges entirety of general election - requirement that petition set out facts relied upon - whether satisfied.
Commonwealth Electoral Act 1918 (Cth)
Constitution (Office of Governor) Act 1987 (Qld)Muldowney v Australian Electoral Commission (1993) 178 CLR 34 App
Pavlekovich-Smith v Australian Electoral Commission (1993) 115 ALR 641 Cited
Sykes v Australian Electoral Commission (1993) 115 ALR 645 Cited
Robertson v Australian Electoral Commission (1993) 116 ALR 407 Cited
Abbotto v Australian Electoral Commission (1997) 144 ALR 352 Cited
McClure v Australian Electoral Commission (1999) 163 ALR 734 Cited
Joosse v Australian Securities and Investment Commission (1998) 159 ALR 260 Cited
Sharples v Arnison & Ors [2001] QCA 518 Appl
Skyring v Crown Solicitor [2001] QSC 350 Appl
Skyring v Electoral Commission of Queensland [2001] QSC 080 Appl
Sharples v Arnison [2001] QCA 274 Appl
Re Skyring’s Application [No 2] (1985) 59 ALJR 561; 58 ALR 629 Cited
Skyring v Australia & New Zealand Banking Group Ltd (unreported) Qld CA 12 May 1994 Cited
Skyring v Commissioner of Taxation (unreported) Qld CA 25 March 1993 Cited
Re Skyring [1994] 68 ALJR 618 Cited
Re Attorney General (Cth) Ex parte Skyring (1996) 135 ALR 29 Cited
Re Cusack (1985) 66 ALR 93 Cited
Sue v Hill (1999) 199 CLR 462 CitedRICHARD STEPHEN GUNTER v DR PETER HOLLINGWORTH, MAJOR GENERAL PETER ARNISON AO, PETER DOUGLAS BEATTIE, AUSTRALIAN ELECTORAL COMMISSION, ALAN GEORGE SKYRING, JAMES EDGAR STEWART, TREVOR ACWORTH, DONALD CAMERON, DONALD GORDON CAMERON
Q55 OF 2002COOPER J
BRISBANE
30 JULY 2002
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
Q55 OF 2002
BETWEEN:
RICHARD STEPHEN GUNTER
APPLICANTAND:
DR PETER HOLLINGWORTH
FIRST RESPONDENTMAJ GEN PETER ARNISON
SECOND RESPONDENTPETER DOUGLAS BEATTIE
THIRD RESPONDENTAUSTRALIAN ELECTORAL COMMISSION
FOURTH RESPONDENTALAN GEORGE SKYRING
FIFTH RESPONDENTJAMES EDGAR STEWART
SIXTH RESPONDENTTREVOR ACWORTH
SEVENTH RESPONDENTDONALD CAMERON
EIGHTH RESPONDENTDONALD GORDON CAMERON
NINTH RESPONDENTJUDGE:
COOPER J
DATE OF ORDER:
30 JULY 2002
WHERE MADE:
BRISBANE
THE COURT ORDERS THAT:
1. The petition be dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
Q55 OF 2002
BETWEEN:
RICHARD STEPHEN GUNTER
APPLICANTAND:
DR PETER HOLLINGWORTH
FIRST RESPONDENTMAJ GEN PETER ARNISON
SECOND RESPONDENTPETER DOUGLAS BEATTIE
THIRD RESPONDENTAUSTRALIAN ELECTORAL COMMISSION
FOURTH RESPONDENTALAN GEORGE SKYRING
FIFTH RESPONDENTJAMES EDGAR STEWART
SIXTH RESPONDENTTREVOR ACWORTH
SEVENTH RESPONDENTDONALD CAMERON
EIGHTH RESPONDENTDONALD GORDON CAMERON
NINTH RESPONDENT
JUDGE:
COOPER J
DATE:
30 JULY 2002
PLACE:
BRISBANE
REASONS FOR JUDGMENT
BACKGROUND
On 12 December 2001, Richard Stephen Gunter filed a petition in the High Court of Australia sitting as the…
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- AGLC
- Gunter v Hollingworth [2002] FCA 943
- Case
- [2002] FCA 943
- Decision Date
CaseChat Overview and Summary
The court needed to determine the scope and application of Section 364 of the relevant Act, which directs the court to be guided by the substantial merits and good conscience of each case. The court had to decide whether this section allowed for a broad inquiry into the election's validity or if it was limited to specific statutory requirements. Additionally, the court examined whether the petitioner had met the thresholds set by Sections 355 and 358 of the Act, which pertain to the grounds for challenging an election.
The court concluded that Section 364 does not permit a general inquiry into the election's validity but requires adherence to the specific provisions of the Act. The court found that the petitioner had not met the statutory requirements set by Sections 355 and 358, and therefore, the petition was not valid. The court emphasised that it could not ignore the provisions of the Act or rewrite the law under the guise of Section 364. Based on these findings, the court dismissed the petition.
The court ordered that the petition be dismissed, confirming that the respondents' position was upheld. The petitioner's claims were found to be insufficient to warrant setting aside the election results, and the election was deemed valid. This decision reinforced the importance of adhering to statutory requirements when challenging electoral outcomes.
Orders
Orders of the court
1. The petition be dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: COOPER J
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