King v SA Electoral Cmr

The applicant, Mr King, sought judicial review of a decision made by the South Australian Electoral Commissioner. The dispute concerned the Commissioner's refusal to register the Australian Protectionist Party as a political party for the purposes of the *Electoral Act 1985* (SA). The matter came before Gummow J in chambers.

The primary legal issue before the Court was whether the Commissioner had erred in law in refusing to register the party. This involved determining whether the Commissioner had correctly applied the provisions of the *Electoral Act 1985* (SA) regarding the registration of political parties, specifically concerning the requirement for a party to have a sufficient number of members and to have a name that is not misleading or offensive.

Gummow J found that the Commissioner had acted within his statutory powers and had not erred in law. The Commissioner's decision was based on the applicant's failure to demonstrate that the proposed party had a sufficient number of members as required by the Act, and that the name "Australian Protectionist Party" was not misleading or offensive in the context of the Act's requirements. The Court applied the principles of administrative law, requiring the Commissioner to act in accordance with the *Electoral Act 1985* (SA) and to provide reasons for his decision, which he had done.

The application for judicial review was dismissed.