Mulholland v Victorian Electoral Commission

Mulholland brought a challenge in the Court of Appeal of the Supreme Court of Victoria against the decision of the Victorian Electoral Commission (Commission) to register a new secretary for the Democratic Labor Party. The Commission had accepted the election of a new secretary and registered that person as the party's registered officer in place of the existing secretary, who had been the unsuccessful candidate in the election. The Victorian Civil and Administrative Tribunal (VCAT) had previously affirmed the Commission's decisions, and Mulholland appealed to the Trial Division. The appeal was limited to the decision to change the name of the registered officer. The Court of Appeal dismissed the appeal.

The Court of Appeal was required to determine whether the two delegates who voted in the election for the secretary of the party were eligible to vote in Commonwealth elections. The party's rules provided that members were those eligible to vote in Commonwealth elections. The Court had to construe the rules of the party and determine whether the two delegates were eligible to vote in Commonwealth elections. The Court also had to consider the implications of the Commission's decision to change the registered officer on the Register of political parties.

The Court of Appeal found that the two delegates who voted in the election were eligible to vote in Commonwealth elections, and therefore, were members of the party. The Court held that the Commission's decision to accept the election of the new secretary and to register that person as the registered officer was valid. The Court found that the subsequent changes of registered officer in the Register of political parties did not affect the validity of the Commission's decision. The Court dismissed the appeal and affirmed the decisions of VCAT and the Trial Division.

The Court of Appeal set aside the decision of the Commission to change the registered officer in the Register of political parties. The Court did not make any orders in relation to the registration of the new secretary as the registered officer of the party. The Court held that the decision of the Commission to change the registered officer was invalid because the two delegates who voted in the election were not eligible to vote in Commonwealth elections. The Court did not consider it necessary to make any further orders in relation to the registration of the new secretary as the registered officer of the party.