McClure v Australian Electoral Commission

In *McClure v Australian Electoral Commission*, the petitioner, an unsuccessful candidate in a half-Senate election, sought orders from the Court of Disputed Returns concerning the validity of the election and the refund of a deposit lodged under section 170 of the *Commonwealth Electoral Act 1918* (Cth). The petitioner also contended that the *Commonwealth Electoral Act 1918* (Cth), specifically sections 211 and 211A, was invalid.

The central legal issues before Hayne J were whether the petitioner was entitled to a refund of their election deposit, the validity of the impugned sections of the *Commonwealth Electoral Act 1918* (Cth), and whether an implied constitutional right to freedom of communication about political matters entitled an election candidate to media coverage.

Hayne J reasoned that the entitlement to a refund of the deposit was governed by the provisions of the *Commonwealth Electoral Act 1918* (Cth), which did not provide for a refund in the circumstances of the petitioner's unsuccessful candidacy. Regarding the validity of sections 211 and 211A, the court found no basis to invalidate them. Furthermore, the implied constitutional freedom of communication about political matters was held not to confer a right upon candidates to receive media coverage, as such coverage is a matter for the media itself.

Consequently, the petition was dismissed with costs.