Liberal Party of Australia (Victorian Division) v Rae

In the matter of Liberal Party of Australia (Victorian Division) v Rae, the dispute centred on the registration of how-to-vote cards following the disendorsement of a candidate by the political party. The case was heard in the Supreme Court of Victoria. The Liberal Party of Australia (Victorian Division) challenged the decision of the Victorian Civil and Administrative Tribunal, which refused to register the party's how-to-vote cards. The cards, which had been registered by the Electoral Commission, listed the disendorsed candidate as the party's recommended candidate.

The primary legal issue before the court was whether the Tribunal was correct in its determination that the how-to-vote cards were likely to mislead or deceive electors, as per the provisions of the Electoral Act 2002 (Vic). The court was tasked with examining the reasoning of the Tribunal and determining if it was reasonably open to the Tribunal to refuse the registration of the cards under s 79(3) and s 82A of the Electoral Act, and s 148 of the Victorian Civil and Administrative Tribunal Act 1998.

The court found that the Tribunal's decision was reasonably open, as the disendorsement of the candidate after the close of nominations, coupled with the continued endorsement on the how-to-vote cards, could reasonably be seen as misleading or deceptive to electors. The court applied the principles from Evans v Crichton-Browne (1981) 147 CLR 469, concluding that the Tribunal's decision was not in error. Consequently, the appeal was dismissed, and the Tribunal's decision to refuse registration of the how-to-vote cards was upheld.

The final orders of the court confirmed the decision of the Tribunal and refused the Liberal Party of Australia (Victorian Division) leave to appeal. The reasoning of the Tribunal in refusing the registration of the how-to-vote cards was deemed to be reasonably open and consistent with the statutory provisions and case law.