Muldowney v Australian Electoral Commission

The applicant, Mr Muldowney, sought to challenge the validity of the Australian Electoral Commission's (AEC) decision to reject his nomination for the Senate election in Tasmania. The dispute concerned whether Mr Muldowney had met the requirements for nomination under the *Commonwealth Electoral Act 1918* (Cth). The matter came before the High Court of Australia.

The primary legal issue before the Court was whether the AEC had correctly interpreted and applied section 93(1)(a) of the *Commonwealth Electoral Act 1918* (Cth), which requires a candidate to be an "inhabitant of the State or Territory for which he is chosen". Specifically, the Court had to determine if Mr Muldowney's circumstances, including his residence and intention to reside in Tasmania, satisfied this criterion at the time of his nomination.

Brennan ACJ considered the meaning of "inhabitant" in the context of the Electoral Act. His Honour concluded that the term implies a degree of settled abode and intention to remain in the relevant State or Territory. Applying this principle to the facts, Brennan ACJ found that Mr Muldowney had not demonstrated the necessary connection to Tasmania to be considered an inhabitant for the purposes of the Act at the time of his nomination. Consequently, his nomination was invalid.