Mulholland v Australian Electoral Commission

In *Mulholland v Australian Electoral Commission*, the applicant, Mr Mulholland, sought judicial review of a decision by the Australian Electoral Commission (AEC) to refuse his application to register as a political party. The matter came before Hayne J in chambers.

The central legal issue before the Court was whether the AEC had erred in law in refusing to register Mr Mulholland's proposed political party, the "Citizens Electoral Movement". Specifically, the Court was required to consider the interpretation and application of the *Commonwealth Electoral Act 1918* (Cth) concerning the requirements for party registration, particularly the provisions relating to the party's name and the number of members required.

Hayne J considered the provisions of the *Commonwealth Electoral Act 1918* (Cth) governing the registration of political parties. His Honour noted that the AEC's refusal was based on the applicant's failure to demonstrate that the proposed party had at least 500 members, as required by section 129(1)(c) of the Act. The applicant had argued that the AEC had misinterpreted the membership requirements and that the name "Citizens Electoral Movement" was not misleading or deceptive. However, Hayne J found that the AEC had correctly applied the statutory requirements and that the applicant had not provided sufficient evidence of the requisite membership. The Court affirmed the principle that the AEC has a duty to ensure that all statutory requirements for party registration are met before approving an application.

The application for judicial review was dismissed.