Muldowney v The Australian Electoral Commission; Muldowney v The Australian Electoral Commission

In these proceedings before the High Court of Australia, Patrick Kevin Muldowney, the petitioner, sought directions from the Court concerning his petition. The Australian Electoral Commission, the respondent, sought to strike out the petition. The dispute arose from the petitioner's eligibility to vote in the division of Boothby, South Australia, for a particular election.

The primary legal issue before the Court was whether the petitioner was qualified to vote in the division of Boothby. The respondent argued that if the petitioner was not qualified to vote, then, pursuant to section 355 of the Electoral Act, the proceedings on the petition could not proceed. The Court was therefore required to determine the immediate course of action regarding the petition, specifically whether to address the respondent's submission regarding the petitioner's qualification to vote at that stage.

The respondent's submission was based on information suggesting the petitioner was not qualified to vote in Boothby, nor in any other South Australian electorate. This submission was supported by an affidavit. The petitioner, through his counsel, indicated that he had prepared specific orders, including a request for the reservation of questions for the Full Court and directions as to the disposition of the matter. The Court was considering how to deal with the various summonses and the petitioner's petition.