High Court Bulletin

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High Court Bulletin

Produced by the Legal Research Officer,
High Court of Australia Library


[2016] HCAB 4 (25 May 2016)

A record of recent High Court of Australia cases: decided, reserved for judgment, awaiting hearing in the Court’s original jurisdiction, granted special leave to appeal, refused special leave to appeal and not proceeding or vacated

1: Cases Handed Down
2: Cases Reserved
3: Original Jurisdiction
4: Special Leave Granted
5: Cases Not Proceeding or Vacated
6: Special Leave Refused

Summary of New Entries

1: Cases Handed Down

Case

Title

Day v Australian Electoral Officer for the State of South Australia & Anor; Madden & Ors v Australian Electoral Officer for the State of Tasmania & Ors

Constitutional Law

Bell Group NV (In Liq) & Anor v State of Western Australia; WA Glendinning & Associates Pty Ltd v The State of Western Australia; Maranoa Transport Pty Ltd (In Liq) & Ors v State of Western Australia & Ors

Constitutional Law

Nguyen v The Queen

Criminal Law

Attwells & Anor v Jackson Lalic Lawyers Pty Limited

Negligence

Badenach & Anor v Calvert

Negligence

Military Rehabilitation and Compensation Commission v May

Workers Compensation

2: Cases Reserved

Case

Title

Murphy & Anor v Electoral Commissioner & Anor

Constitutional Law

Miller v The Queen; Smith v The Queen; Presley v The Director of Public Prosecutions for the State of South Australia

Criminal Law

Crown Melbourne Limited v Cosmopolitan Hotel (Vic) Pty Ltd & Anor

Equity

Hall v Hall

Family

4: Special Leave Granted

Case

Title

Simic & Ors v NSW Land and Housing Corporation & Ors

Contract

The Queen v Baden Clay

Criminal Law

Hua Wang Bank Berhad v Commissioner of Taxation

Taxation

Bywater Investments Ltd & Ors v Commissioner of Taxation

Taxation

Blank v Commissioner of Taxation

Taxation

Comcare v Martin

Workers’ Compensation

1: Cases Handed Down

The following cases were handed down by the High Court of Australia during the March 2016 sittings.

Constitutional Law

Day v Australian Electoral Officer for the State of South Australia & Anor; Madden & Ors v Australian Electoral Officer for the State of Tasmania & Ors

S77/2016; S109/2016: [2016] HCA 20

Judgment delivered: 13 May 2016

Coram: French CJ, Kiefel, Bell, Gageler, Keane, Nettle, Gordon JJ

Catchwords:

Constitutional law – Election of Senators – Validity of provisions of Commonwealth Electoral Act 1918 (Cth) as amended by Commonwealth Electoral Amendment Act 2016 (Cth) – Whether provisions for voting above or below dividing line on ballot paper prescribed more than one method of choosing Senators contrary to s 9 of Constitution – Whether indicating vote for party or group above dividing line contrary to requirement in s 7 of Constitution that Senators be "directly chosen by the people" – Whether prescription of "Droop quota" resulted in effective disenfranchisement – Whether instructions on ballot paper infringed implied freedom of political communication or system of representative government.

Words and phrases

– "above the line", "ballot paper", "below the line", "directly chosen by the people", "dividing line", "Droop quota", "free and informed…

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Details
Case
[2016] HCAB 4
Decision Date

CaseChat Overview and Summary

The applicants, the Electoral Officers for the States of South Australia and Tasmania, challenged the validity of provisions in the Commonwealth Electoral Amendment Act 2016 (Cth), which amended the Commonwealth Electoral Act 1918 (Cth), in the High Court of Australia. The applicants argued that the new voting system for the election of Senators, which allowed voters to vote above or below a dividing line on the ballot paper, prescribed more than one method of choosing Senators, contrary to section 9 of the Constitution. They also argued that the system did not require Senators to be directly chosen by the people, contrary to section 7 of the Constitution, and that the Droop quota resulted in effective disenfranchisement. The applicants further contended that the instructions on the ballot paper infringed the implied freedom of political communication or system of representative government. The High Court dismissed the application with costs. The Court held that the new voting system did not prescribe more than one method of choosing Senators, as it allowed voters to choose either above or below the dividing line, but not both. The Court also found that the system did require Senators to be directly chosen by the people, as it allowed voters to choose their preferred Senator or party. The Court rejected the argument that the Droop quota resulted in effective disenfranchisement, as it was a mathematical formula that ensured a fair distribution of votes. Finally, the Court held that the instructions on the ballot paper did not infringe the implied freedom of political communication or system of representative government, as they were necessary to ensure a fair and informed vote. The Court's decision upheld the validity of the new voting system for the election of Senators.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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