Hodgetts v Australian Electoral Commission

[1999] FCA 135

FEDERAL COURT OF AUSTRALIA

Hodgetts v Australian Electoral Commission [1999] FCA 135

DOUGLAS EDWIN JOHN HODGETTS v AUSTRALIAN ELECTORAL COMMISSION
QG 115 of 1998

DOWSETT J
16 FEBRUARY 1999
BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QG 115 OF 1998

BETWEEN:	DOUGLAS EDWIN JOHN HODGETTS Applicant
AND:	AUSTRALIAN ELECTORAL COMMISSION Respondent
JUDGE:	DOWSETT J
DATE OF ORDER:	16 FEBRUARY 1999
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.        The application be dismissed.

2.The applicant, Douglas Edwin John Hodgetts, pay the respondent's costs of these proceedings including reserved costs

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	QG 115 OF 1998

BETWEEN:	DOUGLAS EDWIN JOHN HODGETTS Applicant
AND:	AUSTRALIAN ELECTORAL COMMISSION Respondent

JUDGE:	DOWSETT J
DATE:	16 FEBRUARY 1999
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. This is a motion to dismiss an application commenced on 2 October last year, the day before the last federal election, in which the applicant sought postponement of that election, a declaration that it was null and void and an order that a new election take place.

2. The basis of the applicant's argument at that time was that the Senate ballot paper was unfair to independent candidates.  I decided that it was inappropriate to grant interlocutory relief, partly because the validity of the paper seemed to be established by decisions in the Court of Disputed Returns and partly on the basis of the balance of convenience.  The Australian Electoral Commission now seeks to strike out the application.  On its face the application serves no useful purpose as the election has taken place, and any challenge to the validity of the outcome should be by way of proceedings in the Court of Disputed Returns.

3. The applicant, Mr Hodgetts, indicates that he does not wish to continue to challenge the validity of the election in any event, his concern now being with the wider question,  namely, the validity of the Act as a whole.  In those circumstances, no good purpose will be served by keeping the existing application on foot, and it will therefore be dismissed.

4. I order that the applicant, Douglas Edwin John Hodgetts, pay the respondent's costs of these proceedings including reserved costs.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett.

Associate:

Dated:             16 February 1999

The Applicant appeared in Person.
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	16 February 1999
Date of Judgment:	16 February 1999