Innes v The Electoral Commission of Queensland

Innes, the unsuccessful candidate in a mayoral election, challenged the election outcome in the Court of Disputed Returns. The Electoral Commission of Queensland, which oversees local government elections, was the respondent. The dispute centred on the assessment and enforcement of costs related to the unsuccessful challenge under the Local Government Electoral Act 2001 (Qld). The court had to decide whether the Uniform Civil Procedure Rules 1999 (Qld) applied to the assessment of costs and the enforcement of costs orders in the Court of Disputed Returns. Additionally, the court examined whether a general complaint about a costs statement was adequate to constitute a notice of objection under rule 706.

The court determined that the UCPR applied to the assessment of costs and the enforcement of costs orders in the Court of Disputed Returns. It held that the general complaint about the costs statement was insufficient to constitute a notice of objection under rule 706. The court considered the applications by Innes to stay enforcement of the costs orders, declare the enforcement creditor estopped from pursuing costs, and set aside the costs assessment and orders. The court set aside the enforcement warrants issued by the registrar and dismissed the applications filed by Innes. The stay of enforcement of the costs order in favour of the second respondent was vacated. The court ordered Innes to pay the respondents' costs and amended the costs assessor's certificate. The application on behalf of the second respondent was adjourned by consent.