Murphy v Electoral Commissioner & Anor

The plaintiff, Mr Murphy, brought proceedings against the Electoral Commissioner and the Commonwealth of Australia in the High Court of Australia. The dispute concerned the plaintiff's standing to bring the proceedings, and the court was required to determine whether Mr Murphy, as an enrolled voter, possessed the necessary legal standing to challenge the validity of certain electoral laws or actions. The Electoral Commissioner expressed reluctance to sign the special case, not due to its content, but to maintain a neutral stance and avoid being perceived as joining the dispute.

The primary legal issue before the court was the plaintiff's standing to bring the proceedings. Counsel for the plaintiff argued that an enrolled voter, who is obliged to vote and has a constitutional function in doing so, possesses sufficient standing to challenge electoral matters, particularly when seeking relief by way of a writ of prohibition, which can be sought by a stranger. The court also considered the procedural matter of the Electoral Commissioner's reluctance to sign the special case and whether the court should dispense with that requirement.

The court, presided over by a single Justice, acknowledged the plaintiff's arguments regarding standing, noting that an elector is an obvious choice for a plaintiff given their statutory and constitutional role. The court also considered the possibility of adding an additional plaintiff to bolster standing. Regarding the Electoral Commissioner's reluctance, the court noted that it had the power to dispense with the requirement for the Commissioner to sign the special case under the High Court Rules. The court ultimately made directions for the special case to be referred to a Full Court, dispensing with the requirement for the first defendant (the Electoral Commissioner) to sign the special case, and set out a timetable for the filing of submissions.