McClure v Ausn Electoral Commission

McClure (the applicant) sought judicial review of a decision by the Australian Electoral Commission (the AEC) to refuse to register the Australian Protectionist Party as a political party. The matter came before Hayne J of the High Court of Australia.

The central legal issue was whether the AEC had erred in law by refusing to register the party. Specifically, the court was required to consider whether the AEC had correctly interpreted and applied the requirements of the *Commonwealth Electoral Act 1918* (Cth) concerning the registration of political parties, particularly in relation to the party's name and the number of members required for registration.

Hayne J found that the AEC had made an error of law in its assessment of the application. His Honour determined that the AEC had incorrectly applied the provisions of the *Commonwealth Electoral Act 1918* (Cth) when considering the party's name and the evidence of its membership. The AEC's refusal was based on an erroneous understanding of the statutory requirements, leading to an unlawful decision.

Consequently, Hayne J ordered that the AEC's decision to refuse registration be set aside and remitted the matter back to the AEC for reconsideration according to law.