McLindon and Katter's Australian Party (Qld Division) v The Electoral Commission of Queensland

The case of McLindon and Katter’s Australian Party (Qld Division) v The Electoral Commission of Queensland involved an application for an interlocutory injunction to prevent the Electoral Commission from printing ballot papers with an abbreviated name of the second applicant party. The applicants argued that the abbreviation was likely to cause confusion and was in breach of the Electoral Act 1992 (Qld). They also contended that the abbreviation would obscure the identity of the endorsing entity and burden the freedom of political communication.

The legal issues before the court included whether the abbreviation was permissible under the Electoral Act 1992 (Qld), whether there was an inconsistency between the Queensland and Commonwealth electoral laws, and whether the Queensland Act imposed an unacceptable burden on the freedom of political communication. The court considered the wording of the relevant sections of the Electoral Act 1992 (Qld) and the Electoral Act 1918 (Cth), as well as the implications of the Commonwealth Constitution.

The court held that the abbreviation was permissible under the Electoral Act 1992 (Qld) and that there was no inconsistency between the Queensland and Commonwealth electoral laws. The court also found that the abbreviation did not impose an unacceptable burden on the freedom of political communication. Consequently, the application for an interlocutory injunction was dismissed.

No orders were made as to costs at the interlocutory stage.