Mulholland v AEC

The applicant, Mr Mulholland, sought judicial review of a decision made by the Australian Electoral Commission (AEC). The dispute concerned the AEC's refusal to register Mr Mulholland's proposed political party, the "Australian Protectionist Party". The matter came before Hayne J in chambers.

The primary legal issue before the court was whether the AEC had acted lawfully in refusing to register the political party. Specifically, the court was required to consider whether the AEC's decision was affected by an error of law, and whether the AEC had properly applied the relevant provisions of the *Commonwealth Electoral Act 1918* (Cth) in reaching its conclusion.

Hayne J found that the AEC had made an error of law in its assessment of the application. The judge determined that the AEC had misinterpreted the requirements of the Act regarding the eligibility of party names and had failed to give adequate consideration to the evidence presented by the applicant. The court affirmed the principle that administrative decisions must be made in accordance with the law and that decision-makers must properly understand and apply the relevant legislative framework.

The court ordered that the AEC's decision be set aside and that the AEC reconsider Mr Mulholland's application for registration in accordance with the law.